|
An
Indian abroad is popularly known as an NRI - a Non Resident
Indian. But the NRI jargon in Government corridors is -''Now
Required Indian'', for an Indian abroad it is ''Newly Respected
Indian'', but for many harassed visitors it is ''Never Return
to India''.
The term non-resident
is negatively defined under section 6 of the Income-tax Act.
An individual who is not a resident under the Income-tax Act
is a non-resident (generally, termed NRI). Thus, one should
know the definition of a resident and if he is not a resident
then he is a non-resident.
The status of a person as a resident or non-resident depends
on his period of stay in India. The period of stay is counted
in number of days for each financial year beginning from 1st
April to 31st March (known as previous year under the Income-tax
Act). The definition is explained in simple terms as under.
| BASIC
CONDITIONS AT A GLANCE |
| In
the case of an Indian Citizen who leaves India during
the previous year for the purpose of employment or, in
the case of an Indian Citizen who leaves India during
the previous year as a member of the crew of an Indian
Ship. |
In
the case of an Indian Citizen or a person of Indian Origin
(who is abroad) who comes to India on a visit during the
previous year. |
In
the case of an Individual other than an individual mentioned
in columns
(1) and (2) |
| (1) |
(2) |
(3) |
-
Presence for at least 182 days in India during the
Previous Year.
-
Not functional.
|
-
Presence for at least 182 days in India during the
Previous Year.
- Not
functional.
|
- Presence
for at least 182 days in India during the Previous
Year.
-
Presence in India for at least 60 days during the
previous year and 365 days during 4 years immediately
preceding the previous year.
|
| ADDITIONAL
CONDITIONS AT A GLANCE |
- Resident
in India in at least 2 out of 10 years immediately
preceding the previous year (or must satisfy at least
one of the basic conditions, in 9 out of 10 immediately
preceding previous years).
-
Presence of at least 730 days in India during 7 years
immediately preceding the previous year.
|
| Resident
and Not Ordinarily Resident |
Non
- Resident |
| Must
satisfy at least one of the basic conditions and both
of the additional conditions [i.e. one of (a) and (b)
and both of (i) and (ii)] |
Must
satisfy at least one of the basic conditions and one of
none of the additional conditions [i.e. one of (a) and
(b) and one or none of (i) and (ii)] |
Should
not satisfy any of the basic conditions |
RESIDENTIAL
STATUS IN WHICH TAX INCIDENCE IS LOWEST
The tax incidence
is the lowest in the case of the 'non-residents', which is
indicated by the comparative chart given below :-
Nature
of Receipt
or Income
|
Non-resident
|
Resident
|
Not-ordinarily resident
|
|
#
Income received in India
whether accrued in India
or outside India.
|
Yes
|
Yes
|
Yes
|
|
#
Income deemed to be
received in India whether
accrued in India or outside
India.
|
Yes
|
Yes
|
Yes
|
|
#
Income accruing or arising
in India whether received in
India or outside India.
|
Yes
|
Yes
|
Yes
|
|
#
Income deemed to accrue
or arise in India whether
received in India or outside
India.
|
Yes
|
Yes
|
Yes
|
|
#
Income received and
accrued outside India from
a business controlled from
India or a profession set up
in India.
|
No
|
Yes
|
Yes
|
|
#
Income received and accrued
outside India from a business
controlled from outside India
or a profession set up outside
India.
|
No
|
Yes
|
No
|
|
#
Income (not being from a bu-siness and accrued outside
India.
|
No
|
Yes
|
No
|
LIFE
INSURANCE SCHEMES:
Life Insurance Corporation has various
schemes, designed for women other than general schemes applicable
to all.
Rebate on Tax is available on LIC premia paid by an individual,
on her life or on the life of her spouse or, on the life of
her child (including adult children and a married daughter)
is deductible from Gross total income U/S 80C. Other Popular Tax Savings Schemes
are also available for this Rebate which has been explained
in detail in Plan My Tax.
Following are highlights of certain Schemes
available for Married Women and for a Couple.
RELIEF
IN CASE OF DOUBLE TAXATION
When
a taxpayer who is resident in one country derives income from
a source in another country and the income so derived is taxed
at both places, i.e., the country of the residence of the taxpayer
as well as in the country of source of income is Double taxation.To
avoid double taxation of income, the Government of India has
entered into bilateral comprehensive agreements with a number
of countries.
Besides, India has entered into agreements which cover only
limited areas of activities like aircraft and shipping. For
example, Agreements with Afghanistan, Australia, Ethiopia, Iran,
Kuwait, Lebanon, Oman, Pakistan, PDR Yemen, Switzerland, UAE
and Yemen AR are in respect of taxation of profits from operation
of aircraft and with Bulgaria of profits from Shipping only.
In case there is no agreement for the avoidance of double taxation
with any country, unilateral relief may be granted.
Methods
for granting relief in case, double taxation avoidance agreement
exists :
There are two methods of granting relief under bilateral arrangement
:
a) Method of exclusion :
Under this, the income which according to source rule arises
in one country is not taxed in the other country, though it
can be taken into account for purpose of determining the rates
of tax.
b) Method of tax credit :
Under this, the income is taxed in both the countries in accordance
with their respective tax laws read with the bilateral tax
agreements. However, the country of residence of taxpayer
allows him credit for the tax charged thereon in the country
of source against the tax charged on such income in the country
of residence. Credit may also cover tax that would have been
paid but for certain tax incentives.
Fundamentally, the difference between the exemption system
and the credit system is that the exemption system looks at
income and the credit system looks at tax on income.
Unilateral
Relief :
Unilateral relief granted on incomes which have suffered tax
both in India and in the country with which there is no agreement
for the avoidance of double taxation Unilateral relief is
granted in such cases, but it is available only to the "resident"
taxpayers. Such relief is worked out as under:-
| i)
|
The
amount of doubly taxed income is first ascertained. This
consists of such income of "resident" tax-payer
as has accrued or arisen to him in a foreign country and
been subjected to income-tax in that country as well as
in India. It does not include income which is deemed to
have accrued or arisen to the tax-payer in India even
though it has been charged to income-tax in a foreign
country. |
| ii) |
On
the amount of doubly taxed income so ascertained the income-tax
is calculated at : |
| |
a. |
The
Indian rate of tax; and |
| |
b. |
The
rate of tax of the foreign country. |
| iii) |
Relief
is granted by allowing to the taxpayer a deduction
from the tax chargeable on his total income of an amount
equal to the tax calculated at the Indian rate of tax
or the amount of tax calculated at the rate of tax of
the other country, whichever is lower. |
|