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Tax relief under DTAA with USA

Ritu (Senior Consultant) (25 Points)

16 August 2010

hi all,

I have a question ..

If a citizen of India is staying USA for period January 2010- November 2010 on L1 visa...and receving salary in both the country and TDS deducted by India on inidan salary and In USA on both the global income then please tell me the process of DTAA and what is the tax implication and residential status for both FY 2009-2010 and 2010-2011 in india and USA?

and similarly if he is going to USA in December 2009 and comes back in February 2010 and again going back to USA for the period May 2010-March 2011 then what wud be ur answer?

Its very urgent as i need to fill the return of india for FY 2009-2010.

Thanks in advance....

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CA. Anuj Gupta (Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA) (7024 Points)
Replied 15 May 2011

Originally posted by : Ritu

hi all,

I have a question ..

If a citizen of India is staying USA for period January 2010- November 2010 on L1 visa...and receving salary in both the country and TDS deducted by India on inidan salary and In USA on both the global income then please tell me the process of DTAA and what is the tax implication and residential status for both FY 2009-2010 and 2010-2011 in india and USA?

Here the income shall be taxable in India as well as US for 2009-10 and the person should avail the credit of taxes paid ineither of the countries. For 2010-11 if the stay of person outside is more than 182 days then the USA income shall not be taxable in India whereas any Indian income shall be taxable in India as well as US.

and similarly if he is going to USA in December 2009 and comes back in February 2010 and again going back to USA for the period May 2010-March 2011 then what wud be ur answer?

same as above

Its very urgent as i need to fill the return of india for FY 2009-2010.

Thanks in advance....