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Provision useful for non residents
What types of incomes are considered as deemed to be received in India?
Under the Income-tax Act, the following incomes are deemed to be received in India:
- Employer's contribution to a recognized provident fund exceeding the prescribed limit.
- Accumulated balance of a recognized provident fund that is taxable under the rules.
- Transferred balance from an unrecognized provident fund to a recognized provident fund, which is taxable.
- Pension income or any other deferred salary credited to an individual’s account.
What types of incomes are treated as deemed to accrue or arise in India?
The following incomes are deemed to accrue or arise in India:
- Income from business connections in India.
- Income from property in India.
- Income from capital assets situated in India.
- Income from services rendered in India.
- Income from interest, royalty, or fees for technical services paid by the Indian government or a resident taxpayer.
What is the purpose of the Foreign Exchange Management Act, 1999 (FEMA)?
FEMA aims to regulate foreign exchange and promote external trade and payments. It also facilitates the orderly development and maintenance of the foreign exchange market in India. The act is focused on the management of foreign exchange transactions rather than imposing restrictions.
Under what circumstances is a business connection established in India?
A business connection is established in India when:
- A non-resident taxpayer has a substantial economic presence in India.
- A taxpayer conducts business activities through an agent or representative in India.
- The non-resident taxpayer has a direct link to income generation in India through a source or permanent establishment.
What provisions of the Income-tax Act are applicable to Non-Resident taxpayers?
Key provisions include:
- Section 9: Deemed income rules for income arising or accruing in India.
- Section 195: TDS on payments made to non-residents.
- Section 115A to 115BBD: Special tax rates for specific income types (e.g., royalty, dividends).
- Double Taxation Avoidance Agreements (DTAAs): Relief for double taxation.
What is the scope and application of the Foreign Exchange Management Act, 1999 (FEMA 1999)?
FEMA governs foreign exchange transactions, classified into:
- Current Account Transactions: Day-to-day transactions like remittances, travel, and education.
- Capital Account Transactions: Transactions altering assets and liabilities outside India.
It applies to individuals, companies, and other entities in India or involved in Indian transactions.
What are Capital Account transactions under FEMA?
Capital Account transactions alter the assets or liabilities of residents outside India or non-residents in India. Examples include:
- Investment in foreign securities.
- Transfer of immovable property.
- Loans and borrowings with non-residents.
What are Current Account transactions under FEMA?
These transactions are related to day-to-day operations and do not affect the asset base.
Examples include:
- Payments for goods and services.
- Travel, education, and medical expenses.
- Remittances for family maintenance.
Can foreign nationals residing in India open a resident account in India?
Yes, foreign nationals residing in India can open resident accounts, including savings, current, and term deposit accounts, subject to compliance with FEMA guidelines.
Is it possible for a resident Indian to open a foreign currency denominated account in India?
Yes, a resident Indian can open a foreign currency account under the Resident Foreign Currency (RFC) account scheme, provided they qualify as per FEMA regulations.
How does residential status impact the taxability of income in India?
The residential status of a person determines:
- Scope of taxable income in India.
- Residents are taxed on global income, while non-residents are taxed only on Indian-sourced income.
What are the categories of residential status for individuals under the Income-tax Law?
The residential statuses are:
- Resident and Ordinarily Resident (ROR): Global income taxable.
- Non-Resident (NR): Taxed only on Indian-sourced income.
Does Indian citizenship automatically qualify a person as a resident for Income-tax purposes?
No, Indian citizenship does not automatically confer residency. Residency is determined based on physical presence and other conditions specified under the Income-tax Act.
What are the residential status categories for Hindu Undivided Families (HUFs) under the Income-tax Law?
HUFs can be classified as:
- Resident and Ordinarily Resident (ROR).
- Non-Resident (NR).
The status depends on the control and management of HUF affairs and the Karta’s residential status.
How is the residential status of an individual determined under the Income-tax Law?
Residential status depends on:
- Number of days an individual is physically present in India.
- Satisfaction of specific conditions regarding stay duration in the preceding years.
How is the residential status of a Hindu Undivided Family (HUF) determined for tax purposes?
The residential status of an HUF is determined based on the location of control and management of its affairs.
How is the residential status of a company determined under the Income-tax Law?
A company is resident if:
- It is incorporated in India.
- Its place of effective management (POEM) is in India during the financial year.
What are the residential status categories for entities other than individuals and HUFs under the Income-tax Law?
Such entities can be classified as:
- Resident: If control and management are wholly or partly in India.
- Non-Resident: If control and management are entirely outside India.
What types of income are taxable in India based on the taxpayer's residential status?
- Resident (ROR): Taxed on global income.
- Resident (RNOR): Taxed on Indian income and income from foreign sources linked to India.
- Non-Resident (NR): Taxed only on income that accrues, arises, or is deemed to accrue or arise in India.
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