Hi
Please let us know whether you are setting up a company in foreign for the same or just the domain and servers operate in foreign countries and work will be done in your name only. In whose name the bank accounts of the business shall be??
I am Indian . I am planning to join affiliate program for adult marketing with U.S.A web hosting , server and domain to promote adult related products outside India . My lawyer told me that if I use U.S.A hosting and server for adult marketing and doing business outside India then Indian law can not be applicable on me because business is running outside India. Now my question is that if I withdraw money earned through that business , in India then how will I show my source of income to bank or income tax department. Will it be illegal to make money with them in India if my business is not running in India , and no one in India can visit my site ( Country restricted ) but only I am getting money from that business in India.
Hi
Please let us know whether you are setting up a company in foreign for the same or just the domain and servers operate in foreign countries and work will be done in your name only. In whose name the bank accounts of the business shall be??
its legal, income tax applicability in INDIA is depends on residential status of a person , thus as you said you are in INDIA and run business out side INDIA then your worldwide Income is taxable in INDIA however GST is not applicable on above business module.
But how will I show my source of income in India for that business ? . Should I say that I am earning from sex industries outside India or if there is any technical term that I should use to name my business in india or I just have to say that I am a promoter , but not to describe about business nature and company name.
Hi,
Since you are a resident of India, you will need to pay taxes for your global income in India. Show it as a business income.
Regarda,
Nikhil.
Income tax in India depends on the residential status of the person. If the Constitution of business is proprietorship then your stay in India will be considered for residential status irrespective of location of the server. I am not sure of the legality of the business in india as it is related to marketing of adultery which is legal in UK. If business is legal in India you can do transactions with them and get the money in Indian bank account.
It will be a business income and you need to file ITR in India.
In case of resident person global income is taxable in India.
Hello Sir,
No matter where ever you do your business, your income will still be taxed in India since you are resident.
Even if the money stays in a US based bank account and is never remitted in India still it will be taxed in India.
Trust this clarifies your query.
Feel free to call / get back in case of further clarifications.
Thanking You.
Regards,
Rohit R Sharma
BCOM, FCA, LLB, CERT. FAFP
If I see adult business in india on the basis of location and targeted customers then it is fully legal to operate adult business from foreign country and for foreign country. Since I am not selling any adult products in india , and neither can anyone access my site in india except me . Therefore no Indian law can be applicable on that business . Thus it is neutral in india as per law. But when it comes to receiving payment from such business in india then I have no idea if it is legal or not in india. For example, Saudi arab law says that not only doing casino business or wine business is illegal but also money earned with such business by any of way directly or indirectly , is also illegal. Do same law applies in India ?
It's not illegal.
If there's no separate business entity abroad, pay the Indian income tax. Show it as your business income.
Since you are in India so you will be taxed in India for all your income inclusive of global income..
Hi,
As you are resident in India, your global income will be taxable in India.
Please feel free to call/ revert in case you need more clarity.
Thanks and regards
Abhishek Dugar
CA CS B.com