With the world becoming increasingly connected, a lot of Indians have earned income outside of India through investments, jobs, freelance work, or even commercial. But, foreign source income could cause tax ambiguity. Are you required to pay tax to India either abroad or in India and/or both? It all depends on the residence condition as per the India Income Tax Act.
This article provides an explanation of the way the taxation on foreign earnings applies to Indians in plain English.
The tax you pay on the income you earn outside India will depend on the status of your income:
Category | Taxability of foreign earnings |
Regular and Resident (ROR) | The global income is taxable in India |
Resident, But not ordinarily resident (RNOR) | The only income earned in India or from the business that is controlled from India is tax-deductible |
Non-Resident (NR) | All income from or received in India is tax-deductible |
It is founded on the residency rule that is not a citizenship visa.
A Resident or Ordinarily Resident have to declare their global earnings (worldwide revenue) which includes:
However, Non-residents get taxed just for:
Status | What does it mean? | Taxability and Impact |
ROR | In India in the long term | Foreign income taxable in India |
RNOR | Recent return or a short time overseas | Taxes on income from foreign sources |
NR | Expat living abroad for a total of over 182 days | Foreign income that is tax-free in India |
In the event that the same source of income from a foreign country is taxed abroad and in India this could cause dual taxation.
To prevent this, India provides:
India has agreements with a variety of nations. Under DTAA, you may:
If you are paying taxes in another country You can avail credits to India by using the following methods:
You will not be double taxed on the same earnings.
Example | Your Status | Tax Effects |
You reside in India and you earn a salary in the UAE | ROR | Salary is tax deductible in India |
It is your job to work in the USA for 11 months. You pay cash to India | NR | The salary is not tax-deductible in India |
You have returned to India after an extended stay in Europe. | RNOR | Only the income from India that is related to foreign sources is taxable. |
The understanding of foreign income taxation could be a challenge, especially when it comes to DTAA and the rules for residency. If you require assistance with filing tax returns, complying or in determining residency status we can help you. Visit our website to seek out expert assistance: https://taxoo.in/
The taxation of income from foreign sources will depend on your residency situation within India. Understanding whether you’re ROR, RNOR, or NR will help determine if the income you earn worldwide is tax deductible within India. By using DTAA as well as the foreign tax credit you will be able to stay clear of taxes that are double and be in compliance easily.