Tax liability for Engineer (RNOR status) and Employer.

Hi,

I would really appreciate if an expert can answer my query. I am an US citizen with OCI(Overseas citizenship of India) and have been out of India for almost 15 years, so I will be having RNOR status for the first 2 years when I return to India.

Currently I am working as a design engineer in US for a fortune 50 company which has a huge presence in India too. I am very curious to know  if I work from India remotely for the US team reporting to the US manager for less than 182 days each Indian financial year for the duration of my RNOR status, will I or my employer be liable for taxes by Indian government? My salary will be paid in US.

My work in India is only consumed by my team in US. It does not help, support or augment the work done by any team in India.

 

Thanks and Regards.

Replies (3)

you will be taxed for salary earned in india as per section 9 of income tax which says:

 

9(1)(ii)

income which falls under head salary if earned in india

for services rendered in india. 

Even services are rendered remotely , situs of service in india so taxable in india

 

Your employer may have to fulfil withholding tax obligations for salary paid to you. You will also be regarded as agent of your NR employer.u/s 163 of IT act

 

sudarshan CA

Originally posted by : sudarshan


you will be taxed for salary earned in india as per section 9 of income tax which says:

 

9(1)(ii)

income which falls under head salary if earned in india

for services rendered in india. 

Even services are rendered remotely , situs of service in india so taxable in india

 

Your employer may have to fulfil withholding tax obligations for salary paid to you. You will also be regarded as agent of your NR employer.u/s 163 of IT act

 

sudarshan CA

Thanks! Sudarshan for taking the time to reply. I am confused now because I was going through your answers for one other query and here is how you answered it. Here is the link.

/forum/details.asp?mod_id=40136&offset=1

Can you please go into detail about the differences in situation?

thanks and regards,

i am happy that you are able to see the "link" of my previous reply. After I gave my view to the query  you are referring to, there was a clarification in one of the tax magazine that working in India thru internet, may also be deemed to be working in India as the employees physical presence may be treated as services rendered in india.( I gave my views previously as the section says "service rendered in india", it is not clear whether the services are to be utilised in india or not.)

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