Residential status of Director (Urgent)

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Please suggest tax implication on residentail status in following case:

Mr. A, Director in a Pvt Ltd co. leaves india on 15th sept 2009 to Dubai to commence his personal proprietory business on a business visa.

He continues his directorship in an indian company .His stay during FY 09-10 wil be 167 days which is less then 182 days required to become a resident for a person leavin India for employment purposes(self employment). so acc he would be non resident.

Whether his continuation as a director in an indian co would change his purpose of leaving india i.e employment and would he become resident as his stay is more than 60 days in F.Y 09-10 and more than 365 days in 4 P.P.Ys.

Whether he receiving director remuneration change the implication on residential status??

PLs reply as soon as possible...its urgent...

Replies (4)

vinesh,

in my opinion the director would be a resident, assuming he resided for more than 365 days during 4 preceeding years. the relaxation from this condition is not available in this case since the director is not going abroad for employment but for carrying on his prop. business.


However, in case he is a non-resident his continuation as a director and receipt of remn. from  the  indian co. would not change his residential status. Only physical stay in India is relevant for the purpose of section 6.

Thanks Navneet,

The defination of person leaving india for employment also includes self employment. So person leaving india for his own Business is  resident only if his stay is more than 182 days during p.y.

My doubt is whether he acting as director changes purpose of leaving india from employment to part time employment...is there any provision or case law in which person leaving india for part time employment is resident even if his stay during P.y. is more than 60 days and 365 days in 4 P.P.Ys???

 

Section 6 defines whether a person is resident, R&OR or NR. If the creiteria is met of a resident then he is resident. Wheter the person is director or employee of an Indian Company is immaterial.
 

I would like to know , which documents are required to be attached to FORM DIN4 for change in residential status of the director?


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