Freelancing Abroad Residential status

As per Indian Tax laws,

"In the event an individual leaves India for employment during a FY, he will qualify as a resident of India only if he stays in India for 182 days or more. This otherwise means, condition of 60 days would not apply to him"

Would like to know if one is working as a freelancer abroad, is it considered as employment in the above context?

 

Replies (2)
Quick Summary
This discussion clarifies whether freelancing abroad counts as 'employment' under Indian tax laws for determining residency. While the term 'employment' isn't strictly defined, courts have generally considered freelancing, where services are rendered for payment, as falling under this category. Therefore, leaving India for freelancing abroad may still require meeting the 182-day stay requirement to be considered a resident, unless on a tourist visa which could complicate matters.

As per my opinion
It is not considered as employment because freelancing can be done by sitting at any corner of world.

In short, yes.

The term "employment" is not clearly defined in the official tax rules, so freelancing (getting paid for rendering ones services) is covered as employment, the courts have ruled likewise in many cases.

As long as, you are not on a tourist or visit visa which would then be difficult to prove that you are working.

 

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