CA Janani (ACA ACS DISA(ICAI)) (359 Points)
26 March 2016Dear all,
A foreigner has visited india as a guest faculty and ha. Earned income in india. TDS has been deducted from his income.. The problem is that he does not have bank account in india.. But ITR FORM asks thr bank account number mandatorily.. There is no complulsion to a foreigner to hav a bank account here..is thr any other way that v can claim IT refund without hvin baNK ACCOUNT
manoj
(student)
(5205 Points)
Replied 26 March 2016
An expatriate in India is someone who comes to live in India and is not a citizen of India.
Even though the expatriate is a citizen of a foreign country any income which is earned by him/her in India shall be taxable in India. This income may have been earned by working in India or by providing services in India.
An income which is earned by an expatriate in India is taxable in India irrespective of the foreign national's citizenship or residential status.This payment may also be subjected to TDS (Tax Deducted at Source) in India.
Taxability of income in India depends upon residential status. For a Resident entire income earned anywhere on the globe is taxable in India. This includes income that may have been earned in the country of citizenship and may also have been taxed there.
If the expatriate is a NRI or a Resident but not ordinarily resident (RNOR) only the income which is earned in India is taxable in India. Therefore, the first step is to find out the residential status. As per the residential status rules of the Indian Income Tax Act, for the first 2 years after your arrival in India you will enjoy RNOR status and will pay tax only on the income which is earned by you in India.
Double Tax Avoidance Agreement or DTAA is an agreement between two countries to help avoid taxation of an income in both the countries. If income of an expatriate is taxable in India as well as another country, the expatriate can take the benefit of DTAA and avoid paying double tax on such income.
CAclubindia
