December 18, 2024

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You will likely be eligible to assert DTAA advantages

I’m a British citizen. Being an OCI cardholder, I’m planning to work from India. My wage is from an organization within the UK and taxes will likely be deducted at supply. Would I’ve to pay tax in India too? —Name withheld on request To determine whether or not your revenue will likely be taxable in India, it’s worthwhile to first set up your residential standing for tax functions in India. Note that residential standing should be established each monetary 12 months. Also observe that taxability of an revenue relies upon upon the supply of such revenue and likewise the place of its receipt. For instance, wage paid for companies rendered in India could also be thought-about as revenue earned in India although it’s paid and acquired outdoors India. You can check your residential standing within the following method. You should meet any of the next situations and each the extra situations. Conditions: You are in India for 182 days or extra within the monetary 12 months (FY); or you might be in India for 60 days or extra within the FY and twelve months or extra within the 4 FYs instantly previous the related FY. Additional situations: You are resident in India in two of the ten FYs instantly previous the related FY; and you might be in India within the seven years instantly previous the related FY for 729 days or extra. If you meet any of the primary set of situations and each the extra ones, you shall be thought-about a resident in India. If you meet any of the primary situations however don’t meet the extra ones, you shall be thought-about a resident however not ordinarily resident (RNOR) in India. If you don’t meet any of the primary situations, you shall be a non-resident in India. Your revenue is being paid within the UK and taxes are being deducted at supply; in case you qualify as a resident in India or if you find yourself a non-resident or RNOR in India for tax functions, but it’s established that such revenue is earned in India, it should be reported in your revenue tax return to be filed in India. In case such revenue turns into taxable in each international locations, you’ll be eligible to assert advantages beneath the Double Taxation Avoidance Agre-ement (DTAA). This will be sure to don’t need to pay tax on the identical revenue twice. Archit Gupta is founder and chief government officer, ClearTax. Queries and views at [email protected] Subscribe to Mint Newsletters * Enter a sound electronic mail * Thank you for subscribing to our e-newsletter.