NRI Status

Tax queries 1413 views 13 replies

I was working in India for last 7 years.  I left India for employment abrod on 15 August 2009 and was outside India until 20 March 2010.  10 dyas I spent in India as vacation. Hence salary earned outside india is Non taxable.  Now in the same abroad employment, I am continuing since 01 April 2010.  I am planning to permanently return to India in the month of October 2010.  Hence I will be staying outside India more than 182 days.  My question is

Will my salary earned outside India be taxable as I will not be satisfying both the below mentioned conditions"

If an individual who satisfies understated both the conditions of section 6 of the Income-tax Act, then he becomes a Non-Resident.

 

 

Condition

Status

He is not in India for 182 days or more during the relevant previous year.

>>

If yes, then he is a non-resident.
(so check the next condition.)

 

He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during the 4 years prior to the previous year.

>>

If yes, then he is a non-resident.

 

Replies (13)

Hi Anand,

 

You status wil be considered as NR.

Rachit.

Anand,

Your Residential Status for the Ay 2010-11 is Non Resident and hence your salary earned for the services rendered outside india is not taxable. Please also go trough the advance rulings topic to reduce the tax burden in the country which you are working. To know about that paste the below link into your browser.

https://www.incometaxindia.gov.in/publications/6_Advance_Rulings/Chapter06.asp
 

Dear Anand Sir,

According to me -

Ur residential status in FY 2009-10 (AY 2010-11) - Non Resident - Salary earned outside India will not be taxable under Indian Income Tax Act

Now, ur residential status in FY 2010-11(AY 2011-12) - Resident & Ordinarily Resident - Salary earned outside India will be taxable subject to -

1) Relief under DTAA with that country. or

2) Relief u/s 91

@ Amir: Could you kindly answer my query regarding taxabiliy of NRI eanings as below:

"Kindly let me know whether share dividends paid to NRIs are tax free or taxable and also quote the Sec. of Income Tax so that I can take up the issue with my chartered accountant if he is wrong".

Dear Priya,

Dividends paid by Indian Companies are exempt in the hands of shareholders irrespective of their Residential Status...Section is 10(34)

Dividends from MFs are exempt u/s 10(35)

Amir is right.........

Amir

Why my salary earned outside india will be taxable during April2010-March 2011?  I will be stayng outside India for more than 182 days.  I stay in gulf and here no personal tax and DTTA with the country.  If taxable, how do I avoid tax?  Please clarify

If NRI fulfill the condition of Resident then what will be the slab rate for that? Is it same or there is some relief? its about F.Y.2010-11

Hi Pankaj,

Same slab is applicable for ALL NON RESIDENT INDIVIDUALS as in case of residents male individuals other than 65 years or more.

 

 

and sir if its above 65 years then?

In case of Non Residents relaxation as applicable to  Senior citizen / female assesees is not applicable.

Is there any VAT applicable on Rent?

DEAR FRIENDS,

I'LL LIKE TO BRING TO YOUR NOTICE THAT IF A PERSON LEAVES INDIA FOR EMPLOYMENT PURPOSE THEN THE SECOND OF THE BASIC CONDITION WOULD BE

TO BE IN INDIA FOR A PERIOD OF 182  OR MORE DAYS AND 365 DAYS IN THE PREECEDING FOUR FINANCIAL YEARS .

AS FAR A YOUR QUESTION IS CONCERNED IT WONT BE TAXABLE AS HE IS A NR.


CCI Pro

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