NRI Taxation
Some basic provisions pertaining to taxation of non-residents are briefly given below.
Double Tax Treaties
Double taxation is levying of taxes for the same tax payer in two countries for the same income earned in the same period of time.
Tax Heavens
Tax Heavens or low tax areas are the regions which appear attractive to citizens of countries with relatively high tax rates.
Wealth Tax
Wealth Tax Act contains the provisions relating to taxation of wealth of various persons
Capital Gains
Capital gains arising from the transfer of a capital asset being shares in, or debentures of, an Indian company
Advance Rulings
An Advance Ruling enables assessees to know in advance the tax implications of the transactions they have entered into
Gift Tax
Under the Gift Tax Act, 1958, gift tax was payable by the donor upto 30th September, 1998. The Gift Tax Act has been repealed with effect from 1st October, 1998 and therefore the Gift Tax is not chargeable for the gifts made on or after 1st October, 1998. The gift can therefore be freely given by NRIs to residents, but they must be genuine and by an NRI who has capacity to give such gifts.
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Summary of taxability |
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Status |
Indian income |
Foreign income |
|
Resident |
Taxable |
Taxable |
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Resident and ordinarily resident |
Taxable |
Taxable |
|
Resident and not ordinarily resident |
Taxable |
Not Taxable* |
|
Non- resident |
Taxable |
Not Taxable |
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* Where, it is from a business controlled or a profession set up outside India. |
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