• My wife is not an NRI, I'm a USA citizen, is there any tax burden on her to Indian tax authority

Hello,

My wife is NOT an NRI, I'm a USA citizen, Is there any Tax burden on her to the Indian Tax authority, if I submit my Income Tax returns as a married couple in the USA?. She absolutely has no income in the USA nor in India. Her name is not added to any type of business anywhere and she is also not employed anywhere. Simply, she is a housewife. 

Thank you
Asked 4 years ago in Income Tax

So Indian Income tax only cares if your wife is earning more than 2.5 lakh or they get a hint of same.

I am not aware much about how USA returns are filed but just showing that you are married wont create a problem for her.

 

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
4292 Answers
101 Consultations

Dear Sir,

 

Hope you are doing well !!

 

There would be no tax implications in India for the same. 

 

You can go ahead.

 

 

 

 

 

 

 

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Dear sir 

As u have mentioned that income of ur wife is zero. So as per indian income tax u don’t need to do any thing.

income tax limit for indian is Rs 2.5 lacs if ur income is above 2.5 lacs then the individual need to file ITR

Poorvi Jain
CA, Indore
143 Answers
1 Consultation

Hello Sir,

 

As per the provisions of  Income Tax Act, every individual is required to e-file tax return if their income exceeds INR 2,50,000. But as you mentioned that your wife do not have any source of income which means she is not required to file any income tax return.

 

Also, filing tax return in USA as married couple will not have any impact on ITR as per Income Tax Act.

 

But I suggest that if you have done any transactions in the name of your wife (i.e some bank account transactions etc) either in India or outside India, to file income tax return of your wife declaring income less than taxable limit on which no tax liability will be there.

 

Thanks and Regards 

Divya Chugh  

 

 

 

Divya Chugh
CA, Noida
190 Answers
3 Consultations

If she doesn't have any income then there is no Tax burden.

Vidya Jain
CA, Kolkata
1019 Answers
58 Consultations

Does she have any interest income on Fixed Deposits or any shares in her name. If FD interest received is more than 40000, TDS would be deducted by bank. This can be claimed as refund if she has no other income.

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

In India, the tax returns are not filed as couples.  Every individual has to file its own tax return.  If she does not earn and income in India, she is not required to file any tax return. She does not have any exposure in India. In India you have to file return as individual as per your PAN, you cant file any couple return.     

Jasmina Jain Shah
CA, Greater Mumbai
458 Answers
4 Consultations

Hi,

 

There is no tax burden to her in India as long as she does not have taxable income in India or USA? 

Lakshita Bhandari
CA, Mumbai
5687 Answers
932 Consultations

- In India, if she is having income less than Rs.2.50 lacs then no need to file ITR. Please check her Form 26AS for any TDS deduction. If TDS is deducted then she needs to file ITR.

Vivek Kumar Arora
CA, Delhi
4943 Answers
1101 Consultations

Hello,

 

 There would be no tax implications in India if the total income is below Rs. 2.5 Lakhs in an F.Y., unless any TDS has been deducted reflecting in Form 26AS.

I hope this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

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