• Dividend from foreign stock still held in the US

I got some RSU’s from a former employer ( US based ) back in 2013.

In the second half of 2019 the company filed for dissolution and the stock stopped trading in stock exchanges in the US.

Using representative figures below

My stock valuation before dissolution: Rs. 10000

I was given a dividend of Rs.7000 when the dissolution happened and the stock valuation dropped to Rs.3000 post the dissolution.

Both the dividend of Rs.7000 and the stock worth of Rs.3000 are still held by my stock broker in the US. I am yet to pull the dividend money into India as of 20-Dec-2020.

My stock broker in the US seems to have deducted 2% post the dividend being credited. I am unsure at this point if it was a tax deduction.

When filing ITR-2 for FY 2019-2020 I had a few questions around how to handle the above scenario.

1. For the FY 2019-2020 should the dividend of Rs.7000 be declared in my IT return given its still sitting in the US?
2. In schedule FA A3 of ITR-2 what should I fill in
2.a Total gross amount paid/credited with respect to the holding during the period 
Would this be Rs.7000?
2.b Total gross proceeds from sale or redemption of investment during the period
Would this be Rs.0 since I never sold the stock?
3. I plan to pull in the dividend of Rs.7000 into my indian bank account in Jan 2020. How would I handle the taxation for it in FY 2020-2021? Would I be taxed twice for the Rs.7000?
Asked 3 years ago in Income Tax

1. If you are a resident in India, then it should be declared in your ITR as for residents global income is taxable in India.

 

2a. Yes

 

3a. Yes

 

4. No, it will not be taxed twice. You don't need to pay tax then.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

1. If you are resident in india then global income will be taxable and it would be included in ITR of 2019-20.

2a. yes

2b. yes

3. no. if any tax paid then double taxation relief is available in 2019-20.

Vivek Kumar Arora
CA, Delhi
4838 Answers
1037 Consultations

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Dear Sir,

 

Hope you are doing well !!

 

1. Taxability in India depends on residential status in India, source of income and place of receipt of income.

A resident will be charged to tax in India on his global income i.e. income earned in India as well as income earned outside India.

If you are resident in India, then you need to pay the taxes on the same.

 

2.Yes.

 

3.Yes.

 

4.No, it won't be taxed twice.

Please 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.

 

-In accordance with Rule 128, in order to claim FTC (foreign tax credit), you would be required to file following documents on or before due date of filing of return:

1.    A statement of :

·         foreign income offered to tax

·         foreign tax deducted or paid on such income in Form No. 67

2.    Certificate or statement specifying the nature of income and the amount of tax deducted therefrom or paid by the taxpayer :

·         From the tax authority of the foreign country

·         from the person responsible for the deduction of such tax

·         signed by the taxpayer

3.    Proof of payment of taxes outside India

 

We may assist you in entire procedure.

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

I understand that you are ordinarily resident in India for the tax year 2029-20. Hence, your world wide income is taxable in India. 
With the above background - you will be taxable in India on your foreign dividend. You can claim credit for tax paid in US if that dividend income is taxed in US as well.  You are not liable to tax agains on that dividend income while it is transferred to India bank account subsequently 

 

As regards units, since they are unsold, they are not liable got any taxes. If your total taxable income is above 50 lakhs , you got to disclose that asset in Itr at cost.  

Jasmina Jain Shah
CA, Greater Mumbai
454 Answers
4 Consultations

5.0 on 5.0

Yes, it will be shown under Other Income - Dividend.

 

Till FY 19-20, dividend from Indian companies was exempt and had to be reported in exempt income schedule.

 

You also need to show your holding of these shares as unlisted shares in the Part A - General schedule. In case there are any transfers or new acquisitions, the same also need to be mentioned.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

- Yes dividend is declared under income from other sources in ITR.

- Both are declared under income from other sources.

Vivek Kumar Arora
CA, Delhi
4838 Answers
1037 Consultations

5.0 on 5.0

Yes, you need to declare the same under the head "Income from other sources".

 

-Dividend received from a foreign company is taxable. It will be charged to tax under the head “income from other sources.”

Dividend received from a foreign company will be included in the total income of the taxpayer and will be charged to tax at the rates applicable to the taxpayer. For instance, if the taxpayer comes in the 30% tax slab rate, then such dividend will also be taxable at 30% along with cess.

Also,Dividend received from a foreign company gets taxed both in India and in the home country of the foreign company. However, if the tax on an international company’s dividend has been paid twice (i.e. paid in both the nations), then the taxpayer can claim double taxation relief. The relief claimed can be either as per the provisions of double taxation avoidance agreement entered into by the Government of India, with the country to which the foreign company belongs, or he can claim relief as per Section 91 (in case no such agreement exists). This means that the taxpayer doesn’t have to pay tax on the same income twice.

 

-Dividend received from an Indian company was exempt until 31 March 2020 (FY 2019-20). That was because the company declaring such dividend already paid dividend distribution tax (DDT) before making payment.

However, the Finance Act, 2020 changed the method of dividend taxation. Henceforth, all dividend received on or after 1 April 2020 is taxable in the hands of the investor/shareholder.

 

We may discuss the issues in detail over a phone consultation.

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

Hi

 

1.  A resident will be charged to tax in India on his global income i.e. income earned in India as well as income earned outside India. 

2. Yes 

3. Yes.

4. No it won't be taxed twice.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Hi

Yes your understanding is correct it will be taxable under the head other course.

 

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

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