Should a Resident Indian pay Tax on Profits of hisForeign Company

Hi,

This is Raghu from Karnataka. I have a business in the United States which is doing quite well. I am looking to wire my foreign earnings to India. I see that the Tax policies here are very complicated & different CA's are offering me different advices. I need an expert consultation in this regard. I have described my situation below clearly. Please go through it let me know what exactly I should do so that my taxes are minimal.

_______________________________


I have an LLC in the United States for which am the sole owner. I have tied up with an ecommerce Website in the US that takes orders from people Internationally (just like ebay). Am selling a product on that website. I have found this product in China, which am selling in the US under a brand of my own. My partner website is currently taking pre orders for my product & my sales have crossed over $40,000 in just 1 month. It will continue to take pre orders for the next one month. Of these $40,000, only 25% of the orders are from USA. The rest are from various countries like Australia, Singapore, Japan etc. So only 25% of the income is generated from the customers living in USA. 


Since these are pre orders, I will have to ship the product only after 45 days. In the mean while, my partner website will transfer me the funds for these preorders to my business account in the US. Am planning to wire this $40,000 to my personal bank account in India as soon as possible as the situations are very volatile in the US as TRUMP was elected. Since these are pre orders, am planning to show the US govt that all the money has been used for manufacturing & there are no profits left. But the problem is with the IT people over here. The tax departments have tightened & am worried if I might have to pay the Tax on this amount. I have a 70% margin & I dont want my hard earned money to go into the pockets of the corrupt politicians here (as that is what happens to Taxes in India).  So, is there a way I can bring this money to India & evade Taxes? Please advice. 

Am aware that Taxation is based on Residency & am a resident Indian. Please advice me on ways to bring this money to India & ways that will not attract the IT people on me.

Thanks,
Raghu
Asked 24 days ago in Income Tax from Bangalore, Karnataka
Hi,
as you said you are resident indian , so income earned by you globally is taxable in india. 
There are ways by which you can reduced your taxable income.
1) you can file income under business or profession ( ITR 4) and can claim all the expenses incurred to earned this revenue.
2) you can file income on presumptive basis under section 44ad then you are only required to pay taxes on net off 8% of the revenue earned less deductions claim under various sections.
i.e only 8% of the revenue earned is considered as income from the business.
i think second option is suited in your case.
Vishakha Agarwal
CA, Bangalore
213 Answers
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Dear Sir,

Your global income will be taxable in India. You may also have to pay taxes in US. However, you can take credit of taxes paid in US.

Thanks and Regards,
Abhishek Dugar
CA CS B.Com
Abhishek Dugar
CA, Mumbai
766 Answers
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Hi Raghu,
Thanks for reverting.
1) you can run a business as an individual. but yes you do required to go for VAT registration, as you are exporting goods. and for VAT registration you need to have a commercial space and if there is a commercial space then you need to have shop and establishment registration.
yes these  two above registrations are compulsory.

2) yes , it is sufficient if you go with 8% income under section 44AD, no questions will be raised on remaining income. as total turnover will be mentioned in your return and 8% will be showed as income, so your are disclosing every thing.

3) after paying tax , you can utilized income as you wish.
Vishakha Agarwal
CA, Bangalore
213 Answers
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Sir we think you are in conversation with our other professional colleague. For more you can mail modani005@gmail.com
Shyam Sunder Modani
CA, Hyderabad
955 Answers
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Dear Concern,
As per section 6 Your global income will be taxable in India.

To avoid double taxation you have to check DTAA.

You can File ITR 4
    or 
You can file ITR 4S then you have to show profit more than 8% of Gross turnover or gross receipts. 


For any further clarification feel free to contact us.
Shiv Kumar Agarwal
CA, Delhi
197 Answers
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Hello Sir,

44AD is applicable only if your sales are less than 2 Crore for the FY 2016-17. If it crosses the mark, then you cannot show profits @ 8% and will have to pay tax @ 30% after deducting all your legitimate expenses.

Trust this clarifies your query. 

Feel free to call / get back in case of further clarifications. 

Thanking You. 

Regards,
Rohit R Sharma
BCOM, ACA, LLB-GEN, CERT. FAFP
Rohit R Sharma
CA, Mumbai
719 Answers
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