Tax deducted in India and Malaysia

If a person worked 8 months in India and tax deducted for that period and have from 16 for the 8 months and he joined Malaysia company and doing work from home from India for the rest of 4 months and tax has been deducted by the Malaysia company for the 4 months.  My questions are

  1. Is it necessary for the person to include the tax deducted by the Malaysian company in their Income Tax Return (ITR)?
  2. Which ITR form should the person file, and where should they report the tax deducted by the Malaysian company in their return?

Thanks in Advance

Replies (5)
Quick Summary
This discussion addresses an individual who worked in India for 8 months and then remotely for a Malaysian company for 4 months, with tax deducted in both countries. The key advice is to file ITR 2 in India, reporting all aggregate income from both countries. Crucially, the individual can claim a refund for tax paid to Malaysian authorities by submitting Form 67 before filing their ITR to claim foreign tax credit.

1. He has to file ITR 2.

2. He need to offer aggregate income including salary of Malaysia firm in his ITR.

3 He can claim the refund of tax paid to Malaysian authority in his ITR, 

4. You will be required to submit Form 67 to claim credit of foreign tax paid in a country or specified territory outside India, before filing ITR.

Thank you so much sir. Actually he received his pay under Technical fees under Section 109B of Malaysia  Income Tax Act 1967 with Withholding Tax Rate of 10%. Does Malaysia income need to be shown under Salary or Business income? If business income need to File ITR 3 or ITR 4?

Under PGBP head. File ITR 3.

Thank you so much sir, but tax payable amount will a raise right while filling ITR 3 after adding receipts from Malaysia company as PGBP head? Does he need to pay tax on it in India?

You can file the return with the income declared under PGBP, and can claim credit of the tax paid in Malaysia. File form 67 along with ITR.

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