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Confusion about resident status, on completion of assignment

Tax queries 447 views 3 replies

This is regarding resident or non resident status. 

Person is of Indian origin ( by virtue of birth). 

He leaves on July 1st, and return on March 10th (termination of current employement tenure). During this tenure, his payroll is switched, and he recieved no salary in India. 

Total days of stay in India = 93.

 

Question is, whether this person is considered Non resident (as he left for purpose of employement in preceeding year), or should be considered Resident (as his employement tenure is completed).

 

https://law.incometaxindia.gov.in/DIT/File_opener.aspx?fn=https://law.incometaxindia.gov.in/Directtaxlaws/act2005/meaning.htm

being a citizen of India, who leaves India in any previous year 47[as a member of the crew of an  48 Indian ship as defined in clause (18) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958), or] for the purposes of employment outside India, the provisions of sub-clause (c) shall apply in relation to that year as if for the words “sixty days”, occurring therein, the words “one hundred and eighty-two days” had been substituted ;

Ths link only says about leaving for the employment. It is silent about termination of employement in the preceeding financial year.

 

Replies (3)

See, answer to your question is : act say he should leave India for employment purpose outside india.ok

and in you case your client leave India for employment purpose and he also employed outside India it is immaterial how many days he worked there.

Residentail status of an individual section 6(1).

Exception to Section 6(1), the period of 60 days is substituted by 182 days in the case of an individual being an Indian citizen, leaves India during the pervious year for employment outside india.

Conclution : He will be Non Resident of India

Will termination of employment (on March 10), have no effect on resident status. I am getting different interpretion for that.

The following post says(in the comments) that the person will be resident as employment is terminated.

https://www.smartpaisa.in/2013/02/non-resident-indian-nri-definition-income-tax-act-implication-residency.H T M L#fbcomments

 

 

Originally posted by : GANESHAN
See, answer to your question is : act say he should leave India for employment purpose outside india.ok

and in you case your client leave India for employment purpose and he also employed outside India it is immaterial how many days he worked there.

Residentail status of an individual section 6(1).

Exception to Section 6(1), the period of 60 days is substituted by 182 days in the case of an individual being an Indian citizen, leaves India during the pervious year for employment outside india.

Conclution : He will be Non Resident of India

 

@ Tilak, Its my opinion on your given situation according to the Acts' wordings.... 

there are chances that there is wrong iterpretation from my view.


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