Double taxation relief query (sec 90)
This query is : Resolved
07 July 2012
Dear Experts,
A Resident consultant receives the following fees from UK:
Prof fee 1200$
less: Taxes 100$
less: National Insurance 100$
Therefore, Monthly fees received is 1000$.
My query is while calculating relief u/s 90 whether mandatory 'national insurance' deducted also be claimed as taxes borne abroad?
Further if the taxes to be paid in India on such is less than the taxes borne abroad, can the Assessee claim refund?
Please provide your valuable advices. Thanks...
A Resident consultant receives the following fees from UK:
Prof fee 1200$
less: Taxes 100$
less: National Insurance 100$
Therefore, Monthly fees received is 1000$.
My query is while calculating relief u/s 90 whether mandatory 'national insurance' deducted also be claimed as taxes borne abroad?
Further if the taxes to be paid in India on such is less than the taxes borne abroad, can the Assessee claim refund?
Please provide your valuable advices. Thanks...
07 July 2012
National Insurance is only contribution paid by employees for the Future benefits.it can not be claimed as taxes borne abroad while calculating relief u/s90.No, you can not claim refund
07 July 2012
Thanks alot for the advise.
Finally after calculating tax on total income (i.e., 1200$ x 12 months less professional expenses), the credit of taxes alone can be taken as credit, subject to max of Indian tax payable.
Is my understanding right?
Finally after calculating tax on total income (i.e., 1200$ x 12 months less professional expenses), the credit of taxes alone can be taken as credit, subject to max of Indian tax payable.
Is my understanding right?
07 July 2012
Yes, You are correct for the above.
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