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NRI TAXATION

seetaram kumar (CA Final (First Group Cleared)) (109 Points)

22 August 2010

Hi Friends,

I hav a doubt regarding Income tax filing of a NRI who is staying in Dubai. As we know that Dubai is a tax free country and any income earned in Dubai is free from tax. Then how do a person file his returns whose source of income is tax free income from dubai and the proceeds are being sent to india regularly. If he can file the returns then what is the procedure.

Can any one help me out in this case. Waiting for your early reply

Ram

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4 Replies

Dheeraj (Learner) (1100 Points)
Replied 22 August 2010

AS PER SECTION 5

THE INCOME WHICH IS EARNED OR RECD. IN INDIA IS TAXABLE IN INDIA

SO, IN UR CASE HE/SHE CAN ENJOY THE INCOME EARNED IN DUBAI, PROVIDED HE/SHE IS NON RESIDENT FOR P.Y

OTHERWISE ALL THE INCOME WILL BE TAXABLE IN INDIA

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Manoj BG (Tax Professional and in Service) (1795 Points)
Replied 23 August 2010

DEAR FRIEND,

FIRST, ASSESSEE'S RESIDENTIAL STATUS IS MOST IMPORTANT FOR TAXABILITY IN INDIA. IF THE PERSONS GOES OUT OF INDIA FOR EMPLOYMENT AND HE DOESN'T RESIDE IN INDIA FOR 182 DAYS OR MORE DURING THE RELEVANT PREVIOUS YEAR, HE WILL BE NON RESIDENT AND AS SUCH INCOME ACCRUES, ARISES AND RECEIVED, OUT OF INDIA WOULD NOT BECOME TAXABLE IN INDIA.

IF INCOME ACCRUES OR ARISES OR RECEIVED IN INDIA, THEN IRRESEPECTIVE OF HIS RESIDENTIAL STATUS, HE IS LIABLE TO INDIAN INCOME TAX AND FILE RETURN ACORDINGLY.

PERSON HAS REMITTED HIS INCOME TO INDIA DOESN'T MAKE AN INCOME ACCRUES IN INDIA. REMITTANCE IS LIKE AN TRANSFER AND THE SAME CANNOT BE CONFUSED WITH ACCRUAL OF INCOME.

REGARDS,

MANOJ