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Determining your residential status under Indian tax laws is the foundation of accurate tax planning. The classification—Resident, Non-Resident (NR), or Resident but Not Ordinarily Resident (RNOR)—affects the scope of income taxed in India. It is calculated based on the number of days spent in India during the financial year and the preceding years.
Expatriates often receive income from multiple countries, which can result in tax liabilities across jurisdictions. Indian tax laws specify the taxability of salary income, foreign income, and allowances/perquisites depending on your residency status and income source.
Salary Income – Salaries earned in India or received in India are typically taxable in India.
Foreign Income – Income from overseas employment, bonuses, ESOPs, and investments may be exempt or taxable based on DTAA provisions and residency.
Allowances & Perquisites – Benefits such as housing, relocation costs, travel, and education allowances have specific tax treatments.
Double taxation can occur when income is taxed in both the country of source and residence. To avoid this, India has signed Double Taxation Avoidance Agreements (DTAAs) with several countries, which allow for Foreign Tax Credit (FTC) and reduced withholding tax rates.
Cross-border employment often brings complexities in complying with Provident Fund (PF) and Social Security Agreements (SSAs) between India and other countries. Proper planning helps avoid dual contributions and ensures eligibility for benefits.
Expatriates are required to file Indian Income Tax Returns (ITRs) disclosing global income, foreign assets, and bank accounts. Non-compliance may attract penalties and tax scrutiny.
When expatriates leave India or return to their home country, repatriating funds and closing tax matters can be challenging. Planning for exit formalities, tax settlements, and clearances ensures a smooth transition.
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