Income received from outside india - US Stocks and US Options

Hi,

Iam Citizen of India.

I holds the online brokerage account , thru which I have been invested and gaining money on US stocks and US options.My brokerage firm at US deducting the tax and crediting to my account and there after money is transfering to indian bank account.

My query here are:-

1)Income received from outside india is taxable at india ?

2)IF iam already paying the income tax at US, again i have to pay tax at india ?

3)what is the tax rate i have to pay on US stock gains and US options ?

4)Do I have file for the returns if my money i brought to india after tax deduction at US ?

5)Whether India and USA  have the Double Taxation Avoidance agreement?How do it help me.?

Thank you.Appreciate your positive response.

 

 

Replies (2)

Please find my answers below for your questions in Red Font:

 

1)Income received from outside india is taxable at india ? As you are a resident of India your Global Income is taxed there income from US is taxable in India.  Also as per the  Double Taxation Avoidance Agreement ('DTAA') also Income is taxable in India (Refer Article 13 of India US DTAA)
2)IF iam already paying the income tax at US, again i have to pay tax at india ? Yes you would have to pay tax in India, however, you may claim the tax credit in India of the taxes paid in US (Refer Article 25 of India US). You will have to have the relevant proofs for proving to have paid taxes.
3)what is the tax rate i have to pay on US stock gains and US options ? You have to pay capital gains tax on the income abovementioned the rate would be as follows:
  • Short term capital gains - 15 Percent
  • Long term capital gains - 20 Percent
4)Do I have file for the returns if my money i brought to india after tax deduction at US ? Yes you would have to pay taxes on the income so you would have to file return.
5)Whether India and USA  have the Double Taxation Avoidance agreement?How do it help me.? Yes I have attached the same for you reference. The benefit of taking tax credits is because of the DTAA.
 
Trust this suffices.  Should you have any further clarification feel free to write to me.

Hi,

Thanks for reply.However, can I please ask  some more queries.

1)How do they India tax to me on the US options.In US options generally we get the premium and that premium am collecting from US options is considered as capital gains and they tax on that ? IF yes how much is taxable ?

2) you said India and USA have DTAA.... and you added that I will be getting the credit on the tax that I paid at USA...can you illustrate with an example for my better understanding please.

3)IF Iam doing US stocks and US options and not in india for more than 6 months(ie 182days).Still i have to pay taxes for US at india too ?

4)How do i have to pay tax to india on US stock and option gains ? As far as i know my company deducts TDS from my salary and pay income tax on my behalf of. Iam not aware how do it works in terms of capital gains? In what way i have to pay income tax. and For financial year April 2012-March 2013..By when i have to pay taxes to Gov't and when do I have to file for returns. ?Is that i have to pay taxes on same month am getting gains or i can do before filing to returns. mention the dates and time please.

5)Usually if the taxble income , again we will be re-investing for US stocks and US options.How does the tax is calculated for this figure. example, if iam investing 2000USdollars and getting gain of 50US$ and I think this 50USD is taxable.again this time iam investing 2000+50USD = 2050USD and getting gain of 62USD.. in this scenario. how do they tax ? i meant to say taxable income in being reinvested.can u brief about it please.

Thank you.Appreciate your positive response.

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