• Living in US on H4 visa-no earning in US

My daughter is residing in US on H4 visa. She is not working in US and no income in US. She worked in India from July 2014 to Aug 2016. She resigned and went to US. She got her PF refunded in mid 2018. There is some TDS from the PF accrual. Also she has some income from TDS of FD matured. How to file the income tax return and claim the refund possible?
Asked 5 years ago in Income Tax

She is a non resident if she is residing in US from 2016 and therefore she needs to register as an NRI.

 

The TDS on PF withdrawal would have been deducted @10% if the amount is more than 50,000 and tax needs to be paid on such PF withdrawal and it needs to be shown under salary income or income from other sources depending on situations whereas only interest on Fd needs to be shown as income from other sources and refund can be claimed.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Hi,

Your daughter needn't file the ITR if the income total income does not exceed 2,50,000 in the relevant year. Since, refund claim has to be taken, it is mandatory to file ITR irrespective of the income earned. 

 

In her case, she can have a representative assessee (If an assessee is not able to complete his/her assessment, concerned person can entitle another person to complete his/her assessment) from india who can file her ITR. 

 

You can call me in case of any further assistance. 

 

Thanks!

Navya Tejas
CA, Bangalore
45 Answers

Not rated

Dear Sir,

 

Hope you are doing well !!

 

For claiming Income Tax Refund, she will be required to file Income tax return. The due date for filing tax return is 31st July. She can do so online using the Income Tax e-filing portal.

 

We can also assist in filing her Income tax return and getting Income tax Refunds.

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

Hello,

 

If she is residing in the US from 2016, she will be considered as Non-resident. TDS deduction @ 10% must have been made since she left the service in less than 5 years.

She needs to file her return as a Non-resident. Declare the PF amount under salary head and interest on FD amount under Other sources head and claim the eligible refund of TDS.

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

A Non-resident is not required to mention his Aadhar in the return, so she can mention any other Indian mobile no. from the house. Since Non-resident, mention her US address. no problem even if she mentions the Indian address.

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

5.0 on 5.0

Hi,

- TDS on PF is deducted because she withdraw it before the term of five years. You need to file the ITR for her PF and interest on FD income.

- You can add your mobile no. and her permanent address in India. Send the ITR-V manually.

 

Thanks

Vivek Kumar Arora
CA, Delhi
4838 Answers
1037 Consultations

5.0 on 5.0

You can create an account on income tax portal using your mobile number and India address and then file return.

 

We can help you in preparing the return if any assistance required.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

 

It is mandatory to file return of income for claiming TDS refund.  IN case her income is below the taxable limit. 

You should register her as a taxable assessee on income-tax website – you may choose to incorporate your tel no and email ID.  Preferable to give India address. Form next year onwards if she does not have taxable please submit form 15G/15H to inform bank to not to deduct taxes on FD income.

Jasmina Jain Shah
CA, Greater Mumbai
454 Answers
4 Consultations

5.0 on 5.0

Hi

 

You can register with your mobile no and Indian address of yours.

Claim PF under salary head and Interest on FD under other sources. Claim TDS deducted and take refund.

 

We may assist you in return filling

 

 

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

You can register through your mobile number and Indian address. 

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA