taxation of individual
This query is : Open
29 July 2017
x an individual left India on 10.08.2016. for work in abroad, I want to know whether his salary from offshore during August 16 to Mar17 is taxable in India, for assessment year 17-18
CA Rashmi Gandhi
(Expert)
29 July 2017
Yes fully taxable as he is Ordinarily Resident in India as per IT Act
29 July 2017
but he would be not ordinary residents, since during previous year 1.4.16 to 31.3.17 he stayed in India 4 months and 10 days effectively 130 days, and section 6 say either 1 he should be in India in previous years more than 182 days, or 2 during prec
29 July 2017
during preceding 4 previous year he should have stayed in India 365 days,and/or in previous years 60 days (60 days substituted by 182 days for person going abroad in connection with work
CA Rashmi Gandhi
(Expert)
29 July 2017
Either he leave India permanently or for some time.
30 July 2017
he has been in India nearly 130 days in f y 16-17, my query is that whether can he be treated as residents and not ordinary residents status, then his salary from offshore need not be treated as income earned or income deemed to be earned here.
CA Rashmi Gandhi
(Expert)
30 July 2017
He is non resident in India, So salary accrued outside India if received there is exempted.
However if salary received in India then it is fully taxable.
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