Residential Status for person worked in UAE

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Pallavi (Querist)
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16 February 2021 Greetings

A person left India for purpose of employment to UAE on 07 Jul 2019 ( previously working in India before this date ) and returned to India on 04 Jan 2021 ( The company terminated the employment due to loss of business ). He is currently looking for job abroad.
1. Can you clarify, what will be his residential status for the Financial Year 2020-2021 ?
2. Whether his foreign income for the financial year 2020-2021 is taxable in India ?
3. Is there any benefit in treaty between India and UAE, which can clarify, If salaried income received in UAE for the financial year 2020-2021 is taxable in India or not ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 February 2021 1 For 2020-21 he is non resident.
2 His foreign income is not taxable in India as he is non resident for the year.
3 For 2020-21 and 2019-20 he is non resident his foreign income is not taxable in India.

Pallavi

Pallavi (Querist)
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22 February 2021 Matter for the CA club india post for NRI query to ask the CA expert Greetings As you have mentioned that the residential status for the financial year 2020-2021 will be NRI, can you elaborate more and help me to understand in details. To the my knowledge, the second condition of Section 6 for residential status of either less than 365 days stay in past 4 years or less than 60 days stay in India in 2020-2021 financial year is not met. Is there some thing else in act, about which we are not aware.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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22 February 2021 The residency rule is much more liberal for Indian citizens leaving India for taking up employment outside the country. The 60-day period is increased to 182 days in case of citizens of India who leave India for purposes of employment outside India.

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