Worked abroad but not nri

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 March 2014 If I work abroad and still could not fulfill the condition of 182 days stay of NRI then how will I be taxed.
5 months in financial year -12-13. I went out in Nov-12.
4 months in financial year -13-14. returned in Jun-13

Please reply...

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
Follow

05 March 2014 You are a resident in India. You have to further ascertain whether you are Resident and Ordinarily Resident (ROR) also.

If you are, then your GLOBAL income is taxable in India.

However, you will get credit for taxes paid abroad.

Querist : Anonymous

Querist : Anonymous (Querist)

05 March 2014 Thanks very much for the reply...

As I have not done 182 days abroad I guess I was Resident.

So,
1. In this case can I claim the investments done in India for tax savings.
2. Which ITR form I will have to use for online submission of returns.

Upgrade to CAclubindia Pro. Subscribe Now!

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
Follow

05 March 2014 1. Yes you can claim deduction of all the investments.

2. ITR form will depend on the nature of income.

Provide the nature of income.

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

05 March 2014 It was income from salary for individual.

And can I file return now for 2012-2013. and from where can I get guidance on filing return for 2012-13. Previously I used to file my return myself as it was simple.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
Follow

05 March 2014 1. You have to file ITR 2.

2. You can file return for 2012-13.

3. You can contact me. Send me a Personal Message (PM).

I will send my contact number.

Querist : Anonymous

Querist : Anonymous (Querist)

05 March 2014 One last query.

If in case DTAA is there, then in following 2 cases what happens:

1. if Tax is deducted in source country(in my case Ethiopia)
or
2. if Tax is exempted for the employer. The company says that tax on expatriate salary is exempted to them but refuse to give me any proof.

Thanks for your guidance. I got your no. Will call you tomorrow.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
Follow

06 March 2014 1. You will get deduction of tax paid in other country. Such deduction will be allowed from the total tax liability.

2. Since no tax has been deducted, no deduction is allowed. You have to pay tax on the whole amount.

Upgrade to CAclubindia Pro. Subscribe Now!