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Taxability of Inward remittance in personal account

Tax queries 126 views 1 replies

Deepak rajbhoj

student

22 Points Joined February 2008

Hi,

I have one query. One of my client has been hired by foreign company on work from basis. Employeeis designer. Company is into Decorative articraft. Company remit his salary to Indian Saving account in INR. Beside that when company wants to source some items from india, they trf required amount with courier involved to employees account. And Employees pays to vendor and courier the goods to foreign company. All remittances are INR but marked as Global remittances by banker (HDFC).

My query is how to treat the remittances which are received over and above salary for company's purchases and other related expenses. Is it legal under FeMa and Income tax to accept such receipt in personal account . Please guide about this transaction. And which precautions we need take to safeguard client and professionals as well.

Thanks

Replies (1)

Nikhil Kaushik

Fellow CA

86871 Points Joined June 2009

ideally you should use current account for these transactions
not sure if the employer is showing this as salary. Mostly such transactions are accounted for as professional fee. even the reimbursements, unless shown as reimbursement in FIRC, will be considered as income only.
You should read up FEMA circulars as much as possible before advising such clients.