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Standard Deduction in case of income from Foreign house prop

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Sir, Please let me know CASE: income derived from house property situated in foreign country is taxable in india. Can we avail benefit of Standard Deduction @ 30% or not. Thanks in Advance
Replies (4)

In case of a person resident in India, income from property situated outside India is taxable whether such income is brought into India or not.
Citation :- Arunachalam Chettiar Vs. CIT (1945) 13 ITR 183 (Mad).

Yeah .......agree to Pawan... its computed in the same manner as in th case of a property situated in india.... In the case of a Non resident or resident ordinarily resident income  frm foreign house property is taxable only if the same is received in india during the relevant accounting year...

yes 30% deduction available..........

Savithaji,

In case of Non Resident, only income that accrues in India is taxable in India. Ditto for NRI. In case NRI has any income abroad, merely remitting the same by himself to India for credit of his NRE accounts does not make it taxable in India. Usually Article VI of DTAA for USA (for others it may be numbered something else) deals with immovable properties.

 

If you take an example of NRI residing in USA, his property in USA can be taxed only in USA while he is resident in USA. It will not be taxed in India by Indian law. Once NRI is resident of India again, his property is taxed in both countries. It will be taxed in India as per Indian rules and deductions given per Indian laws will be allowed. However, he will be given relief of tax suffered in USA only on account of the House property and if the tax suffered is more, he will not get refund and excess will not be adjusted to his other tax liabilities in India.


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