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Professional Income or Salary

311 views 3 replies

Respected Sir 

I am   Providing IT Services to Canadian Company and this Company s Not Registered in India .

As Per My Employment agreement letter..

You will receive a base salary of $18,000 USD per year. For the first six (6) months of

employment, you will be paid as a contractor with equal payments wired to your bank account

on the 1st and 15th of each month. After the six (6) month period, you will be hired as andemployee of xxxxxxxx and tax rules of employment will apply.

 

My Question is Can I Considered this Salary is As Professional Services u/s 44 Ada ? And File ITR 4 Return or Considerd as Pure Salary Income ?

Replies (3)
But the salary is deemed and accrued outside india

Income from salary will be considered to arise in India if your services are rendered in India. So even though you may be an NRI, but if your salary is paid towards services provided by you in India, it shall be taxed in India immaterial of where you are receiving the income. In case your employer is Government of India and you are the citizen of India, income from salary, if your service is rendered outside India is also taxed in India. Note that income of Diplomats, Ambassadors are exempt from tax.
As per language you are not in employment for first 6 months you can show your income under 44ADA.
As per query, you are resident Indian receiving salary income from foreign employer. It's a salary income as 6 months is probation period.


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