Resident status of individual

This query is : Resolved

CA Vinay Dixit (Querist)
Follow

31 July 2017 Hi,
Please help to ascertain Residential status of Individual.one of my client was out of India for employment for more than 290 days during F.Y.2016-17. He had contract with foreign Company. now his contract is terminated. during the last 4 years he is more than 730 days in India. so what is the residential status of Individual?

Thanks

Vinay Dixit

Amol S Joglekar

Amol S Joglekar (Expert)
Follow

31 July 2017 if a person goes out of India for employment, only condition to be satisfied is whether outside India for more than 182 days. The condition of 365 days or more in preceeding 4 years becomes inapplicable.
So his status would be Non Resident

CA Vinay Dixit

CA Vinay Dixit (Querist)
Follow

01 August 2017 is it compulsory for a person who left India for employment required his employment agreement to be approved by central Government?

Amol S Joglekar

Amol S Joglekar (Expert)
Follow

01 August 2017 not at all.
(Just to stretch the imagination further.....in your case if a formal employment letter is not there, what difference it makes? Your status would be "Resident but NOT ordinarily resident" and in that case also your foreign income is NON taxable in India.....)

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now