Dear Sir/Madam, Seek your professional expert opinion. In the fin yr 2018-19 i went abroad to visit my relatives as a tourist for 66 days on 27 April 2018 and returned 02 July 2018. Later that year on a family visit i went abroad again on 13 Oct 2018, where i got a job offer and joined a company on 25 Nov, working throughout till next year. This stay was for 169 days , making total stay abroad 66+169= 235 days. My work duration started from 25 Nov 2018 - 31 March 2019 though. Would i be a resident or non-resi. for tax purpose in the year 2018-19. Thanks Rupinder
Since you were in India for less than 182 days you will be a non resident for tax purpose for FY 2018-19 and you need to only pay tax in India for income earned in India and if it's above 2.5 lakh.
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Thank you
Thanks, would the 60 day rule be applicable here ? as I was resi. more than 365 days in last 4 f.y Or being in employment for 4+ months be sufficient for non-resi status in tax
Since you went out of India for employment purpose the 60 day rule won't apply for that financial year.
Dear Sir,
Hope you are doing well !!
- You will be treated as non resident (NRI) in India for FY 2018-19 as you have not completed the basic condition of resident.
Taxability:
NR and RNOR: Your tax liability in India is restricted to the income you earn in India. You need not pay any tax in India on your foreign income.
Also note that in a case of double taxation of income where the same income is getting taxed in India as well as abroad, one may resort to the Double Taxation Avoidance Agreement (DTAA) that India would have entered into with the other country in order to eliminate the possibility of paying taxes twice.
-Now, you will have to pay the taxes while filing ITR in India for income earned in India.
-We may help you in ITR filing & entire procedure.
Further, In the event an individual leaves India for employment during an FY, he will qualify as a resident of India only if he stays in India for 182 days or more. This otherwise means condition of 60 days would not apply to him
Hello,
For F.Y. 2018-19, you were abroad for employment and spent less than 182 days in India, you will be considered as a non-resident for tax purposes.
I hope that this answer satisfies your requirement.
Regards,
CA Hunny Badlani
No, the 60 days rule is not applicable to you since you left India for employment abroad.
- In F.Y. 2018-19, residential status would be NRI as the no.of stay in India was less than 182 days.
- Second condition of 60 days in previous year and 365 days for last 4 previous years is not applicable in your case.
No. It says no. of days outside India.
Hi Rupinder,
You will not qualify as an Indian resident since your stay in India was less than 182 days.
60 days rule will not apply in your case
Hello Sir,
You will be treated as NRI for FY 2018-19 as you stay was less than 182 days in India.
You will not be required to pay the taxes on global income.
You just need to pay the taxes on income earned in India.
Welcome Sir.
The 60 day rule would not be applicable here as you have left the country for employment purpose.