20 October 2012
Hello, Suppose if a senior citizen goes outside india on 28/10/2012... for employment pupose, then what does the taxation rule says.... According to Residential Status 1st Rule only applies to the resident going outside India for employment. What my Question is - Does he have to pay tax in India as well as in the country in which he will be staying.....or is there any relief for the said question as he completes the more than 182 days in India....
20 October 2012
THE ASSESSEE WILL BE TREATED AS RESIDENT HENCE ALL WORLD INCOME WILL BE TAXED IN INDIA BUT MUCH WILL DEPEND UPON THE COUNTRY TO WHICH HE HAS GONE AND DTAA BETWEEN INDIA AND THAT COUNTRY. GENERAL RULES OF TAXATION OF INCOME FM EMPLOYMENT UNDER DTAA ARE AS UNDER 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if :
(a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in the relevant taxable year;
(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and
(c) the remuneration is not borne by a permanent establishment or a fixed base or a trade or business which the employer has in the other State.
3. Notwithstanding the preceding provisions of this article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operating in international traffic by an enterprise of a Contracting State may be taxed in that State.
25 October 2012
OK....Thank you sir for the information..... 1. The Country is Indonesia, which i think is at 100% relief 2. The Co. is registered at Indonesia. It is not a subsidiary of an Indian Based Co.
CAclubindia
