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Query on USA and Indian Double taxation

Tax queries 177 views 1 replies

Hi Friends, 

Need help with IT filing. Thanks in advance!

This is for FY 2020-2021.

1. US Stay period 01-Jan-2020 to 31-Jul-2020. As per US resident rule calculation, I am considered as 'resident'

2. India stay period 01-Aug-2020 to 31-Mar-2021. As per Indian Tax resident rule, I am considered as 'resident'.

3. During my stay in the US, my company paid my Indian salary component as part of US Salary. 

4. I returned on 01-Aug-2020. Now, because I am 'resident' as per tax calculation in both the countries, I am taxed for that indian component (that was paid from Mar-2020 to Jul-2020 in USA) in both the countries. 

Huge tax was deducted in the first month's salary. I fought with my company that time, they asked me to deal with it myself during filing. 

5. Now, I am trying to file Indian IT return. 

Should I include all the US salary (US component + Indian component) as my FY 2020-2021 income? and deduct tax paid in the US for calculating Tax to be paid in India FY 2020-21?

OR just calculate tax paid in the USA for the indian component alone and deduct it in India's IT filing? 

 

Replies (1)
Go through sec 90 and 91 of it act


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