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Tax filing for onsite salary

Tax queries 2338 views 2 replies

Hi! Can any one clarify me on the below pl

My client is an individual and an permanent resident who is in employment with a pvt company. From April - June he was in india drawing salary in INR from that company. Post from July he was deputed to USA and started receiving salary in US subject to tax deductions.

I would like to get enlightened on filing tax returns, methods to be adopted (like tax is being deducted in US can i apply DTAA) etc Can some one clarify

 

Moreover he transfers some money to his personal account maintained in india. will this have any impact too?

 

Kindy update me on this

 

Thnx

Shri

 

 

 

Replies (2)

According to the ARTICLE 25(2)(a) of DTAA between USA and INDIA : 

" Where a resident of India derives income which, in accordance with the provisions of this Convention, may be taxed in the United States, India shall allow as a deduction from the tax on the income of that resident an amount equal to the income-tax paid in the United States, whether directly or by deduction.

Such deduction shall not, however, exceed that part of the income-tax (as computed before the deduction is given) which is attributable to the income which may be taxed in the United States."

india-usa dtaa link : https://www.allindiantaxes.com/usa%20.php

Therefore income first to be included in TOTAL INOCME and from the tax caluculated as per indian tax rate ,deduction shall be given of tax paid in usa in rupees.

deduction (in amount) from total tax should not be more than =   tax (in amount) attributable to the income which is taxed in the United States

exchange rate prevaling on the date of receipt of income shall be taken.

this website will help you find exchange rate on particular date  :  https://www.xe.com/currencytables/#

 now lets take your case and assuming:

indian income = 2,50,000 and

USA income = $ 43,086 TAX PAID @ 30%, 

exchange rate on date of USA income = 1$ = 66.80 RS 

SOLUTION:

Indian Income                                =                       2,50,000

USA income ( $ 43,086 * 66.80 )        =                   28,78,145 

GROSS TOTAL INCOME               =                     31,28,145 

Less : dedcution 80C                      =                       1,50,000

TOTAL INCOME                            =                    29,78,145 

TAX as per indian rate                    =                      7,39,997

Less :Deuction of tax paid in USA (NOTE) =            6,80,857 

TAX PAYABLE IN INDIA               =                        59,140

(  interest 234A/B/C not calculated)

NOTE : checking the condition of deduction limit :

(a) tax paid in usa in INR ($ 12,925.80 * 66.80 )   = 8,63,443 

(b) TAX ATTRIBUTABLE to usa income          =   6,80,857

(7,39,997 * 28,78,145 / 31,28,145)


WHICHEVER IS LOWER

RETURN FILING : You have to file ITR-2 . WHY? because in ITR-1 there is no provision of  DTAA relief .  and to get that relief you do'nt have to go to ITR 4 , ITR-2 is sufficient  

 

Situation like yours : /forum/foreign-taxation-345103.asp

 

NOW , except above there is no tax implications on transfering money to indian account .

Thanks, can you update under which article and section of DTAA does salary income received from abroad can be claimed? The same is required for filing ITR2


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