Tds on salary incase of an NRI

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A client who is an NRI (Non-Resident Indian) has Form 16 showing TDS deducted on their Indian salary. Despite being an NRI, salary earned in India is generally taxable in India. The client may be able to claim relief under the Double Taxation Avoidance Agreement (DTAA) in the Netherlands.

DIVYESH JAIN

DIVYESH JAIN (Querist)

17 November 2020 Dear Sir,

One of my client has come with his Form 16 to file his return for FY 2018-19. I saw his Form 16 and in that TDS is deducted on his income.

My client says that he was an NRI in that year.

Will this Salary income is taxable in India since TDS is deducted on his salary in India and reflecting in his 26AS.

Please help me on this issue.

Regards,
Divyesh Jain

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

17 November 2020 Check the salary related to the period he has worked in India before going abroad.

DIVYESH JAIN

DIVYESH JAIN (Querist)

17 November 2020 No, he hasn't worked in India. He is considered as a citizen of Netherlands from 01.06.2016 but has earned salary in India with tds deducted.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

17 November 2020 Salary earned in India by non resident is taxable in India. DTAA relief can be claimed in Netherlands.

DIVYESH JAIN

DIVYESH JAIN (Querist)

17 November 2020 Ok, Thank you very much Sir for your response

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

17 November 2020 You are welcome................

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