Direct Taxes Code (DTC) Bill has proposed to impose a levy on the global income if of NRIs if they stay in India for more than 60 days in a year. This has been approved by the Parliament.
As per the existing Income Tax laws, an NRI is liable to pay tax on global income if he is in India in that year for a period or periods amounting to 182 days. Now, the duration limit has been cut down to 60 days. In addition, the DTC has also removed the ‘Resident Not Ordinarily Resident (RNOR)’ category to simplify the tax laws, the official said. Now, there will be only two categories, ‘Resident’ and ‘Non-Resident’, the official added.
“With this change, a non-resident would be at greater risk of becoming an ordinary citizen and become liable to pay tax in India as the threshold limit has been reduced“, says PwC Executive Director (Tax) Kuldeep Kumar. Further, there would be liability on a resident belonging to a country where the tax rate is lower than India and there is a Double Taxation Avoidance Agreement (DTAA) between both the countries.
At present, India has comprehensive DTAAs with about 74 countries, including the USA, Singapore, UK, Thailand, South Africa, Saudi Arabia, New Zealand and Australia.
The main purpose behind the move is to plug loopholes that led to tax evasion earlier. But, experts predict such a move will repel NRIs from visiting their homeland. NRIs play an important role in Indian economy.
“If the World Bank is correct, every dollar remitted contributes 3 dollars to the GDP growth—which means that NRIs are contributing almost $90 billion to the growth of India’s rural economy…”
— Shekhar Kapoor, the noted film maker, who pursues as much of his dreams overseas as in India. Dissuading them from visiting India might not be such a good idea after all. And on the other hand, maybe such a step was needed.
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Whistle in the air – having your own whistle and blowing it tooTags: direct taxes code, direct taxes code bill, direct-tax-code-and-nri-sailor, direct-tax-code-nri-leaves-india, direct-tax-code-nri-leaves-india-in-that-year-first-time, Double Taxation Avoidance Agreement, Double Taxation Avoidance Agreement (DTAA), double-taxation-if-stayed-in-india-more-than-60-days, dtaa-for-nri-staying-more-than-182-days, dtaa-resident-nri, DTC, dtc-who-leaves-india, filing tax return, income tax for nri, income tax nri, non resident indian, non resident indian taxation, NRI, nri income tax, nri income tax rules, nri tax, nri tax exemption, nri tax in india, nri tax laws, nri tax rates, nri tax return, nri tax rules, nri tax services, nri taxation, nri taxes, nri-indian-direct-tax-code-bill-2010, tax for nri, taxation services, taxes on nris
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Nobody has mentioned about the exempted categories at all. Look at the text of the bill carefully.4. (1) An individual shall be resident in India in any financial year, if he is in India—
(a) for a period, or periods, amounting in all to one hundred and eighty-two days
or more in that year; or
(b) for a period, or periods, amounting in all to—
(i) sixty days or more in that year; and
(ii) three hundred and sixty-five days or more within the four years immediately preceding that year.
(2) The provisions of clause (b) of sub-section (1) shall not apply in respect of an
individual who is—
(a) a citizen of India and who leaves India in that year as a member of the crew of an Indian ship; or
(b) a citizen of India and who leaves India in that year for the purposes of employment outside India.
It clearly exempts sailors and persons who go out of the country for employment purposes. The analysts have goofed up in their interpretations.
Saumitra Talukdar
September 30, 2010 at 4:44 pm