Foreign income and transfers taxation

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All money earned in usa and tax deducted. transferred to india bank account and invested in share market. redeemed all share market mutual fund to get money in usa bank account again for house purchase in FY 2022-23. Please clarify on below two queries.

1. Whether already US taxed income needs to be disclosed in Indian ITR and will be taxed ?

2. Whether transferred from India to US savings account will be taxed ? TCS already deducted at 5 percentage...Can we claim refund of this TCS ?

Assessee in Indian citizen and working in US with H1B1 Visa.
Replies (1)

Here’s a detailed explanation for your queries regarding foreign income and transfers for an Indian citizen working in the US:


1. Disclosure and Taxation of US Earned Income in Indian ITR

  • Residential Status:
    Tax liability in India depends on your residential status for the financial year.

    • If you are a Resident and Ordinary Resident (ROR) in India, you are taxable on global income, i.e., income earned anywhere in the world including the US.

    • If you are Non-Resident Indian (NRI) or Not Ordinarily Resident (NOR), only Indian-sourced income is taxable in India.

  • Double Taxation Avoidance Agreement (DTAA):
    India and the US have a DTAA to avoid double taxation. Income taxed in the US can be claimed for relief in India through:

    • Foreign Tax Credit (FTC) under Section 90 or 91 of the Income Tax Act.

    • You must disclose your global income (including US income) in Indian ITR and claim the tax paid in the US as credit to avoid double taxation.

  • Summary:

    • Disclose US income in Indian ITR if you are a resident.

    • It will be taxed in India but with credit for tax already paid in the US.


2. Taxation on Transfers from India to US Bank Account and TCS

  • Transfer from India to US bank account is not considered income in India. It is a transfer of your own funds.

  • However, Tax Collected at Source (TCS) at 5% is applicable on remittances exceeding Rs. 7 lakh in a financial year under Section 206C(1G). This TCS is a tax collected upfront and not a tax on income.

  • Can you claim refund of TCS?

    • Yes, if your total tax liability is less than the TCS deducted, you can claim a refund by filing your Indian Income Tax Return.

    • The TCS amount will be credited against your total tax liability for the year.

  • Summary:

    • Transfer itself is not taxable income.

    • TCS is collected on remittance but can be claimed back via ITR if applicable.


Additional Points:

  • Investment in shares or mutual funds:
    Gains from shares or mutual funds held in India will be taxable as per Indian tax laws (capital gains).

  • Redeeming mutual funds in US account:
    If these funds were invested and redeemed outside India, tax implications depend on where the income arose and your residential status.


In short:

Query Explanation
US taxed income disclosure in India Disclose if resident; taxable with foreign tax credit to avoid double taxation
Tax on transfer from India to US Transfer not taxable; TCS deducted at 5% on remittance > Rs 7 lakh but refundable via ITR


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