NRI income tax return filing

This query is : Resolved

Srinivas (Querist)
Follow

29 March 2011 I am working in Korea as Engineer through an Indian Agency company. My salary (applying tax of 10.33% at sourse)will be paid in India, and also my allowances (11.33% tax)are procesed to korea from India as foreign remitances. Both the taxes are deducting in India. My Indian agent will provide me form 16 in India. But I am working and staying in Korea, i.e. I will be considered as NRI (more than 183 days).
In that case All my taxes will be refuned if I file tax returns.
1)DO i need to show any savings or expenditure??
2)Is there any limit for this type of employment??

Please suggest me. Can you people help me for filling my returns??

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
Follow

30 March 2011 You mentioned that tax at source at 10.33%, I doubt that the salary shall be deducted at such a flat rate.That rate is usually for professional fees which is not taxable as salary.
Kindly check whether you have proper VISA and APPOINTMENT letter . Also kindly see that you get FORM 16 and not FORM 16A.

From the facts stated by you it seems difficult to get any refund but actual situation shall emerge after the final documents are received by you.

Srinivas

Srinivas (Querist)
Follow

31 March 2011 Dear Anuj,
Thanx for your reply.

I have valid VISA and appointment letter. Agent(company) will issue me Form 16A, not Form 16.

Our salary is considred as Fee for Professional. As I know for NRIs are not taxble except for income generated in India.
PLease suggest me.

Regards,
Srinivas

Upgrade to CAclubindia Pro. Subscribe Now!

CA. Anuj Gupta

CA. Anuj Gupta (Expert)
Follow

31 March 2011 Srinivas,

What I feared has come true .You must be not on employment VISA but only WORK VISA. Also kindly check whether TDS is being deducted u/s 194J or sec. 195.

In your present case I shall suggest that you remain happy by paying tax @ 10.33% because if you go for refund then you may end up paying more taxes.