CA
397 Points
Joined February 2011
This transaction will be impacted not only by Income Tax Act but FEMA as well.
For FEMA implications, you can read my post to get more clarity: FEMA Implications on NRI Loan Transactions: A Scenario-wise Analysis
As regards Income Tax Act, NR friend will be taxed in India on the interest component. If interest (together with his other income in India) exceeds INR 2.50 lacs, he will have to file a tax return in India. Even otherwise, to claim a credit of TDS deducted by you on the interest, he will have to file a tax return in India.
You need to deduct TDS @ 30.90% u/s 195 on the interest component irrespective of the amount of interest - deposit TDS in ITNS 281 and file a TDS return in Form 27Q.
Your friend will also have to include this interest in his USA tax return, and corresponding issues of claiming a foreign tax credit may arise, if he needs to pay tax in India.
You can collect the amount in your savings account, from his account. This amount is not taxable, provided it is a loan and not a gift. Interest on this amount is taxable to your NRI friend.
Thanks!