• Taxation on foreign income

I am an IT professional from an Indian MNC company who was deputed to UK on Nov 16 , 2019 for an Onshore assignment and i was classified as an ROR ( Resident Ordinarily Resident) for tax purpose for the FY19 - 20 . The tax consultants who are preparing my returns on behalf of the company have considered my foreign income into account , and then calculated the Foreign Tax Credit as part of the DTAA agreement with UK , and came up with an figure 2.3 lakhs to be paid for the ITR filing . I have some apprehensions about this as they didn't consider certain expenses i had incurred during my onshore assignment 
1. Hotel Expenses paid for 1 month when i landed in the UK and it was around £3000 with invoice receipts
2. Since i had moved with my family after 1 month I had taken a rented unfurnished accommodation and have been paying rent on a monthly basis through a formal tenancy agreement from 21 Dec 2019 to 31 March 2020 for that FY 19 - 20 . 
3. Since it was unfurnished accommodation , i had brought household items including Furniture , Electrical items , and unfortunately there was a fire accident which destroyed all of these , and i have the reports from London Fire Brigade confirming the fire accident and reason was due to a fire from an electrical appliance - Refrigerator freezer supplied by the landlord which was recalled by the manufacturer . The loss amounts to around £6000 and i have invoices and receipts for all of the goods which were destroyed in the fire. 

The company appointed tax consultant don't have the expertise to consider all of these expenses and don't want to put any extra effort to consider there and are just considering the foreign income and computing the taxes and aren't willing to help me further . 

I need some assistance to process all of these deductions and then come up with an amount for ITR filing
Asked 3 years ago in Income Tax

- Under Indian Income tax laws, no deduction of expenses is allowed against salary income. However if HRA was a component of salary package then you can claim the benefit of rent paid at point no.2. Assuming hotel expenses incurred by you at point no.1 were reimbursed to you by the employer therefore no benefit of deduction while calculating total income and tax liability. Loss of furniture and other personal household items is not allowed as deduction against salary income.

- May be reason for excess tax liability is higher slab of 30% plus surcharge plus cess. surcharge is applicable in excess of Rs.50 lacs taxable income and lower deduction rate of WHT in UK.

 

If the above income was a consultancy income then you can claim the deduction of aforesaid expenses. 

 

You can take phone consultation for detailed discussion.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1037 Consultations

5.0 on 5.0

Hi

 

All such expenses are not deductible from the salary income. Hence, no deduction shall be provided.

 

However, if the hotel expenses were a pure reimbursement to you by the company, these would not form part of your income.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

- As per law, we will try to resolve this. Contact personally for the services.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1037 Consultations

5.0 on 5.0

We may assist you with the same. Kindly contact personally.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Dear Sir,

 

Hope you are doing well !!

 

We may discuss the issues in detail over a phone consultation to solve the problem and carve out possible ways.

 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hi

 

We may assist you please have a phone consultation for details discussion.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Dear Sir

 

As you understood this is a complex situation and needs proper expertise to solve the matter. We are ready to provide the services as INR 15K for this.

Please let us know if you want to go with us.

 

You can reach out to us @ [deleted]

 

Thanks

Brijendra Tripathi
CA, Lucknow
143 Answers
3 Consultations

5.0 on 5.0

You have mentioned a huge question it will be better if we can have a phone consultation and discuss the same over call.

1. All the above expenses were done outside India and would only be available to you if you have HRA component in your salary.

Further purchasing furniture and all won't help you in saving tax as they are all personal expense and not liable to tax deduction.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement. You can even book phone consultation for further personal assistance.

Thank you.

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

It seems you are a salaried employee and not on a professional basis. 

Ideally, all the relocation costs and cost of living are met by employer. Under the India tax laws, there is a meagre deduction for relocation. But I’m afraid you cannot get the deduction fir all the cost of rent and losses due to fire suffered.   This are akin to personal expenses and ther is no deduction for this. 

Jasmina Jain Shah
CA, Greater Mumbai
454 Answers
4 Consultations

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