Andy Smith (5 Points)
05 August 2023Hi I want to know about taxability of foreign company income of resident Indian, my client is having limited company in uae and he has earned profit there while being resident in india. He never bring profit back to india? Will profit ya able to him?
though he transferred profit to his personal account in uae which is loan drawn from company for personal investment in mutual funds. Can clarify taxability in this case.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(178099 Points)
Replied 06 August 2023
What is the status of the company? Is it linked with any acts of Indian law?
On What basis he received remuneration? As director's remuneration or dividend or any other?
Andy Smith
(5 Points)
Replied 06 August 2023
No company not linked with any Indian law. It’s foreign registered limited company. Totally different entity not connected at all with Indian law.
resident individual is 100% share holder of company and he is borrowing money from company for own investment in different mutual funds. He claimed he didn’t withdraw profit from company, he took borrowing.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(178099 Points)
Replied 07 August 2023
For borrowings from foreign entity, there will not be income tax applicable, but there is restriction form RBI.
Refer: https://www.rbi.org.in/commonperson/English/Scripts/Notification.aspx?Id=850
Andy Smith
(5 Points)
Replied 07 August 2023
Thanks for clarifying. While I’ve gone through RBI website I found if borrowing is less than 5m $ - drawer must own atleast 25% paid capital in the borrowing company. And that fall under the automatic route where no need to take permission of RBI. Is that correct? If you can highlight this.
in our case resident is100% shareholder of the company and borrowing it’s below $5m , will he be in default as per RBi?
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(178099 Points)
Replied 07 August 2023
Refer:: https://www.rbi.org.in/commonperson/English/Scripts/Notification.aspx?Id=300 and its amendments from time to time.
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