Excellent expression of facts with absolute clarity in its simplest form. As usual this is an awesome video and an eye-opener for many ignorant NRIs for optimizing taxes. Great job Dr. Bhat and CA Sriram👍👍
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Very informative. Now many news are coming up thay zero percent tax to be paid on capital gain taxes on Mutual funds under DTAA, any inputs on this would be kindly appreciated.
Sir, USA taxes all your worldwide income as per USA tax rates. Considering this even if you save taxes in India, you have to pay tax in USA. You can claim deduction on taxes paid in India proportionately. So, in summary you can't save any taxes.
Of course, but one thing has to be noted that, US would provide credit for taxes paid in India only to the extent of taxes which is paid as per the provisions of DTAA… if one does not claim benefit of lower rate of taxes as per DTAA, then excess taxes paid in India over and above the DTAA rate of tax, would not be eligible for tax credit in US and hence over all additional taxes would needs to be paid…
@@sriramrao2514 Sir, thanks for your response. Considering we have huge NRI population in USA, can you please have a dedicated video for USA describing all such nuisance involved. So far the understanding is - you pay taxes in India as NRI. Include all your global income while filing tax in USA and claim credit for taxes you paid in India or carry forward if you have paid more taxes in India then credit adjustment.
I have income from post office bond let's say around ₹10 lakhs in India. Suppose I pay 20% tax on this income in India which is 2 lakhs. Then do I still need to show 10 lakhs as global income in US, pay 30% tax for it and then claim 2lakh tax credit for the interest paid in India? Pls clarify
alia, held that Double Taxation Avoidance Agreement (tax treaty) provisions cannot be denied merely on the basis of non-furnishing of the tax residency certificate (TRC). The Tribunal also emphasised that in the absence of a TRC, in order to claim tax treaty benefits, the foreign enterprise has to substantiate its residential status as per Article 4(1) of the India and USA tax treaty. In detail Facts The taxpayer made certain payments to a company resident of USA (US Co.) for installation and commissioning of an equipment in India. No taxes were withheld on such payments by the taxpayer on the premise that the payments were not chargeable to tax in India as per the beneficial provision of the tax treaty. The tax officer (TO) held that the services rendered by the US Co. were taxable as per the provisions of section 9(1)(vii) of the Income-tax Act, 1961 (the Act) and Article 12 of the India-USA tax treaty. Since no taxes were withheld by the taxpayer, 1 ITA Nos. 478 and 479/Ahmedabad/2018 the payments made by the taxpayer was disallowed by the TO in the assessment order of the taxpayer. Aggrieved by the TO’s order, the taxpayer appealed before the Commissioner of Incometax (Appeals) [CIT(A)]. The CIT(A) upheld the disallowance made by the TO as it observed that the US Co. had not furnished a valid TRC. Further, the CIT(A) held that the US Co. was not entitled to the beneficial provisions of the tax treaty. Issue before the Tribunal Whether the requirement of obtaining TRC was mandatory to grant the benefits of the India-USA tax treaty to the non-resident taxpayers? Tribunal’s ruling The Tribunal observed that as per the provisions of section 90(2) of the Act, the provisions of the Act shall apply only to the extent they are more beneficial to that the taxpayer and the same was often referred to as “treaty override”. The Tribunal also observed that the provisions of section 90(4) do not start with a non-obstante clause vis-à-vis section 90(2) of the Act. In the absence of such non-obstante clause, the Tribunal has held that section 90(4) cannot be construed as limitation to the tax treaty superiority as stipulated in section 90(2) of the Act. Thereby the Tribunal has held that in the absence of a valid TRC, Tax Insights PwC Page 2 provisions of section 90(4) could not be invoked to deny tax treaty benefits. Though the requirement to furnish TRC was not mandatory, the Tribunal has, nevertheless, emphasised that the US Co. had to establish that it was a USA tax resident. The onus was on the taxpayer to give sufficient and reasonable evidence to satisfy the requirements of Article 4(1) of the tax treaty, particularly when the same was called into question. The takeaways This ruling affirms the position that the tax treaty benefits cannot be denied merely on the basis of nonavailability of TRC. Further it also affirms that, when a non-resident taxpayer has substantiated its residential status by way of sufficient and reasonable documentary evidence, the requirement of furnishing TRC would be persuasive and not mandatory.
These decisions are very young… there are few more ITAT decisions in this regard… however all of them say that if there is impossibility of performance in obtaining TRC, only then TRC is not mandatory… countries like UAE, Qatar, OMAN which does not have personal taxation, do provide TRC for their residents (of course there are some fees applicable)… when TRC is available as it is not impossible to obtain, the above cited decisions may not be of much help in getting benefit of DTAA without obtaining TRC
DTAA: Italian Tax authorities do not take DTAA into consideration at all and charge an extra flat 26% on Mf capital gains, Fd interests etc. earned in India on an NRO/NRE account. Thence Italy based NRIs end up bleeding over 40% collectively.
Thank you, the video is very helpful. But one problem is facing, while going to file an ITR of a Chinese citizen (having Dividend Income and filed 10F) surcharge and cess liability is reflecting. Can it avoid or must have to pay, please advise
If an NRI is employed in Country A where he pays income tax on employment income earned in Country A. Whereas he also has dividend income from the stocks purchased in US. In such cases in which country should NRI declare such dividend income. Is it in country A or in India while filling ITR.
Im a US resident and i have a post office bond interest income from India. Under DTAA, i need to pay tax only either in India or US ? And get that income completely exempted from tax from the other country?
Can an NRI claim for refund of excess taxes paid in past on capital gains and dividend income e.g. 2 yrs ago, paid in India while being tax resident in another country.
Sirs, is EPF money withdrawn in India ( upon moving to USA) is taxable in USA as a worldwide Income? The PF money is not taxable if the contribution is continuous for 5 years. Please help answer this question
I need to file ITR for AY 2021-2022 , is there a provision for filing late returns and what are the implications. I have a UK Certificate of resiidence for the period 2011-2021 and want to submit it under DTAA rules to tax office, please indicate the method for doing this. Many thanks for your excellent videos.
Thanks for informative video. Interest earned by NRI on PPF in India, exempted in India. Do we need to indicate the interest as global income in income tax return and pay taxes as applicable. A humble request to you to please guide.
We're making payment overseas to a professional organisation who is providing accounting and Tax services to Indian client in that country. I will need to deduct WHT. Can the foreign company claim credit of WHT so deducted?
From this year, mutual fund houses asking about FIRC declaration ( foreign income proof kind of ) of NRE funds investment while redeeming. Are you aware of it? When investor has invested via his NRE account ( chq or NEFt etc), then what kind of proof the regulators need from NRIs now? If NRIs are asked any such documentation or proof of foreign income, their mutual fund investment may get demotivated.
They are making sure that you are paying from NRE account.. not asking your income proof . FIRC = Foreign Inward Remittance Certificate. It is required to remit back sale proceeds back to NRE account. It is a routine step to comply with FEMA law
@@NRIMoneyClinic I think you did not note my comment that, when at investment time itself, if funds are sent from NRE account which is itself is noted in their records, why should they ask now at time of redeem to provide proof or declaration of it? They should themselves check the records of customer about inward fund source which is nothing but name of bank/NRE acc. My funds are hold in this way by ICICI, UTI, etc...
FIRC has to be obtained at the time of investment itself/when bringing funds into India from one’s foreign bank account/NRE. This needs to be obtained from banker. This acts as a proof in case in future, one wants to remit/repatriate funds without much complications. Obtaining FIRC is not mandatory for all investments, especially when one does not want to repatriate funds outside of India.
@@sriramrao2514 This has been already noted above per new rules. The query was about, old investments where, no such documents where required. But already if inward funds entry is via NRE account, the fund house itself can do due diligence from eg HDFC bank if this customer exists and its his own account! Today for 10 yrs old investment if ICICI/HDFC start asking provide proof under FIRC its very difficult. The money remitted online to them itself is proof!! I hope I am able to explain once again. Many a times, book and practical are different experiences and generally these fund houses are too lazy and do not serve clients proactively.
TRC in UAE is most expensive in the world. This TRC requirement should be vanished in India or UAE should lower charges (Not more than $10). UAE is charging nearly Aed2200 which is too much for a common people to take benefit in India under DTAA.
Is there a program on PFIC for USA NRIs? How to tax plan on MF investments in India under growth option? If there is no episode, can you please do one? Thanks in advance. Ranganathan Murali.
Watch the video fully and carefully... there cannot be any specific link of TRC as it is issued by the competent authorities in the country of your residence. Format of Form 10F is available in incometaxindia official website...
Please someone answer for this scenario: 1. Opened NRE, PIS & trading account 2. Been doing equity trading for 3 years 3. Planning to permanently return to India , so I need to close my NRE & PIS But what will happen to my demat account ?? ( consider zerodha) Should I close it as well ?
Demat account is opened with NSDL or CDSL through your brokers like Zerodha… in my view, status in these accounts also needs to be changed… consult them for procedures in this regard…
Sir, last year I filed my ITR2 for the first time. I did not declare the salary amount earned in Qatar. Can you please clarify whether or nt it is required to declare the amount of Salary earned in Qatar and remitted to my NRE account in India?
Hi Vasanth, there is no need to show your salary detail for IT return filing in India. There is also no need to show interest earned through NRE FDs, as it is considered to be tax free.
Thank you very much for your valuable vedio. But 80C deduction related topic not covered. Is nri eligible to get benefits from 80C or not. Please clarify. Thanking you Sir very much
Thanks for bringing in valuable content through your channel Dr.Bhat and CA Sriram and I have been watching them. I currently live in US, wanted to know upon return to India and post RNOR status, what would be the tax implications in India for 401k withdrawal . I am aware of the tax implications in US but was unclear on the DTAA agreement on this aspect. Would like to understand if there would be double taxation after completion of RNOR status. Any inputs on this topic would be of great help ! Thanks in advance
One need to wait for this… there are certain amendments brought about by F.A. Act 2021 on this aspect, however rules are yet to be prescribed… once the rules are prescribed one can answer your query
If a NRI has earned income in India only from FD interest which is less than Tax filing slab let say 2.5 Lac, but TDS is deducted at 30%, while filing return in India all that TDS deducted gets refunded, But while filing return in resident country Let say USA, both NRE and NRO interest income need to be disclosed in the return as Interest income and Tax is charged, can DTAA provide any benefit, since the tax paid in India is refunded but you are liable to pay Tax in resident country at whatever slab you get into there.
DTAA does not give an relief to a resident in his resident country apart from making him eligible for FTC, which is not applicable in your case, as India, you have not paid any taxes as a NRI
@@sriramrao2514 Thank you very much for the quick response, you guidance is very helpful for NRI community on Tax related queries which is too complicated unfortunately, Sometime i think its kind of impossible to remain compliant in all respects with this. Thank you very much. Also if I have to contact you or your team in case I need some assistance, can you provide best way to reach out.
DTAA benefit applicable in the country in which you are an NRI & earn income there... if you are a resident in India, DTAA rates cannot be applied to you...
@@sriramrao2514 Thanks a million. Britain is charging TDS on my pension@ 20%. I am in 30% bracket in India. How can I adjust tax paid British amount in my resident individual tax filing in India ? plz guide at your convenience. Thanks. Dr Moghe,
Dear Sir, Thank you for helping us with very useful content every time. Could you please guide me here that I am a resident of UAE for the last 6 years and I have not much but started getting dividend income of Rs. 50000 and no other interest income or to say any other income in India. So do I need to mandatorily file ITR and how? Please help me to understand.
@@NRIMoneyClinic Thankyou for your reply and I really appreciate it. Yes, I did watch that video and as per that video I don't need to file ITR. But my concern is then as per the IT rule any dividend earned by an NRI he is liable for 20% + cess etc tax in the hands of receiver and there is no threshold on the earning, here I am talking about only dividends. So I just wanted to know if in future am I be charged for not filing the ITR though my total income in India is less than Rs. 60000 only via Dividends in a financial year..
@@pareshnathbanerjee The one thing which I missed in explaining in video 'when a NRI need to file return of income in India' is a case where he earns any income in India, which is chargeable to tax at special rates... Long Term Capital Gains, Short Term capital gain from sale of shares, mutual funds, dividends, certain type of interest etc., are taxable at special flat rate of taxes in the hands of NR's. On such incomes, basic exemption slab of ₹ 2.5 lakhs in not applicable, hence even when one has ₹ 1 income, he should file return of income in India... in your case, dividend is taxable @ 20%, hence, even though total income does not cross ₹ 2.5 lakhs, you will be required to file return of income in India and pay taxes on this dividend income...
@@sriramrao2514 Yes, this is what I wanted to know and this is what I was confused with. Thanks for the reply. So I am pending with 2 years of return, so what I need to do now? And could you please guide me the process. Thank you very much in advance.
@@pareshnathbanerjee Sir, The same is applicable for me; Similar doubt is in my mind too; Did u made IT file? If so please provide the details.Myself is staying in Oman (Muscat)
Thank you for sharing such an informative video. I am an nri residing in Dubai. I have few investments in shares for which I have received dividend. The total amount of dividend received is less than Rs.5000/- for which tax is deducted at source. My entire income is less than Rs. 2.5 lakhs. In this scenario, should tax be paid for the dividend earned? Is there any maximum amount up to which tax is not payable for dividend? Or is tax payable from the first Rupee of dividend earned?
In case of NR's, dividend is taxable in India at a fixed special rate of tax @ 20%. This being the case, in the hands of NR's even ₹ 1 dividend is taxable in India and basic exemption limit of ₹ 2.5 lakhs in inapplicable to these types of incomes taxable at special rate of taxes... Hence, having ₹ 1 income taxable at special rates would mandate a person to file return of income in India.
@@sriramrao2514 Thank you Sir. I have a doubt now. Being an NRI, tax has been deducted at source for dividend on shares held by me @20.8%. My total dividend for last financial year had been Rs.3712/- I was trying to file my return and I have included the dividend income under dividend in the head “Income from other sources”. My AIS statement under TDS/TCS info reflects most of these dividend income under the head “dividend” whereas some are under the head “ foreign remittances”. Under SFT info, it is shown under dividend. My heads of income are house property, capital gains and income from other sources. Income from other sources has dividend income, interest income from NRO account. Total income is less than Rs. 160000/- From your earlier comment I was under the impression that tax has to be paid on dividend income @20.8% irrespective of my total income. But while entering details for filing returns, income tax site shows refund of all taxes deducted at source, including tax deducted for dividend. Is this an issue to be reported to ITO?
@@rosesamuel7971 it’s because you have entered dividend in wrong column in ITR… you should enter it in income taxable at special rates u/s 115A - dividends
Excellent expression of facts with absolute clarity in its simplest form. As usual this is an awesome video and an eye-opener for many ignorant NRIs for optimizing taxes. Great job Dr. Bhat and CA Sriram👍👍
Thank you very much for your kind words
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@@NRIMoneyClinic uuupuuuupupuujppuupuuhuupjupphhuhpuuppjuppuupjuphjhpuuuu
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Good video. You can make it great by flashing key text/information on the screen
Is there any -ve effect in any other form if DTAA benefit opted for
Very informative. Now many news are coming up thay zero percent tax to be paid on capital gain taxes on Mutual funds under DTAA, any inputs on this would be kindly appreciated.
Sir, USA taxes all your worldwide income as per USA tax rates. Considering this even if you save taxes in India, you have to pay tax in USA. You can claim deduction on taxes paid in India proportionately. So, in summary you can't save any taxes.
Of course, but one thing has to be noted that, US would provide credit for taxes paid in India only to the extent of taxes which is paid as per the provisions of DTAA… if one does not claim benefit of lower rate of taxes as per DTAA, then excess taxes paid in India over and above the DTAA rate of tax, would not be eligible for tax credit in US and hence over all additional taxes would needs to be paid…
@@sriramrao2514 Sir, thanks for your response. Considering we have huge NRI population in USA, can you please have a dedicated video for USA describing all such nuisance involved. So far the understanding is - you pay taxes in India as NRI. Include all your global income while filing tax in USA and claim credit for taxes you paid in India or carry forward if you have paid more taxes in India then credit adjustment.
I have income from post office bond let's say around ₹10 lakhs in India. Suppose I pay 20% tax on this income in India which is 2 lakhs. Then do I still need to show 10 lakhs as global income in US, pay 30% tax for it and then claim 2lakh tax credit for the interest paid in India?
Pls clarify
Is there a way to reduce TDS on STCG and LTCG of stock trading.
alia, held that Double Taxation Avoidance Agreement (tax treaty) provisions cannot be denied merely
on the basis of non-furnishing of the tax residency certificate (TRC). The Tribunal also emphasised
that in the absence of a TRC, in order to claim tax treaty benefits, the foreign enterprise has to
substantiate its residential status as per Article 4(1) of the India and USA tax treaty.
In detail
Facts
The taxpayer made certain
payments to a company
resident of USA (US Co.) for
installation and
commissioning of an
equipment in India.
No taxes were withheld on
such payments by the
taxpayer on the premise
that the payments were not
chargeable to tax in India as
per the beneficial provision
of the tax treaty.
The tax officer (TO) held
that the services rendered
by the US Co. were taxable
as per the provisions of
section 9(1)(vii) of the
Income-tax Act, 1961 (the
Act) and Article 12 of the
India-USA tax treaty.
Since no taxes were
withheld by the taxpayer,
1
ITA Nos. 478 and 479/Ahmedabad/2018
the payments made by the
taxpayer was disallowed by
the TO in the assessment
order of the taxpayer.
Aggrieved by the TO’s
order, the taxpayer
appealed before the
Commissioner of Incometax (Appeals) [CIT(A)]. The
CIT(A) upheld the
disallowance made by the
TO as it observed that the
US Co. had not furnished a
valid TRC. Further, the
CIT(A) held that the US Co.
was not entitled to the
beneficial provisions of the
tax treaty.
Issue before the Tribunal
Whether the requirement of
obtaining TRC was mandatory
to grant the benefits of the
India-USA tax treaty to the
non-resident taxpayers?
Tribunal’s ruling
The Tribunal observed that
as per the provisions of
section 90(2) of the Act, the
provisions of the Act shall
apply only to the extent
they are more beneficial to
that the taxpayer and the
same was often referred to
as “treaty override”.
The Tribunal also observed
that the provisions of
section 90(4) do not start
with a non-obstante clause
vis-à-vis section 90(2) of
the Act. In the absence of
such non-obstante clause,
the Tribunal has held that
section 90(4) cannot be
construed as limitation to
the tax treaty superiority as
stipulated in section 90(2)
of the Act. Thereby the
Tribunal has held that in
the absence of a valid TRC,
Tax Insights
PwC Page 2
provisions of section 90(4)
could not be invoked to deny
tax treaty benefits.
Though the requirement to
furnish TRC was not
mandatory, the Tribunal has,
nevertheless, emphasised that
the US Co. had to establish
that it was a USA tax resident.
The onus was on the taxpayer
to give sufficient and
reasonable evidence to satisfy
the requirements of Article
4(1) of the tax treaty,
particularly when the same
was called into question.
The takeaways
This ruling affirms the
position that the tax treaty
benefits cannot be denied
merely on the basis of nonavailability of TRC.
Further it also affirms that,
when a non-resident taxpayer
has substantiated its
residential status by way of
sufficient and reasonable
documentary evidence, the
requirement of furnishing
TRC would be persuasive and
not mandatory.
These decisions are very young… there are few more ITAT decisions in this regard… however all of them say that if there is impossibility of performance in obtaining TRC, only then TRC is not mandatory… countries like UAE, Qatar, OMAN which does not have personal taxation, do provide TRC for their residents (of course there are some fees applicable)… when TRC is available as it is not impossible to obtain, the above cited decisions may not be of much help in getting benefit of DTAA without obtaining TRC
DTAA: Italian Tax authorities do not take DTAA into consideration at all and charge an extra flat 26% on Mf capital gains, Fd interests etc. earned in India on an NRO/NRE account. Thence Italy based NRIs end up bleeding over 40% collectively.
Why your filing Italian tax authority, you have to file only income which you generate in Italy,
Thank you so much for sharing such useful information 🌷🌷
Thank you, the video is very helpful. But one problem is facing, while going to file an ITR of a Chinese citizen (having Dividend Income and filed 10F) surcharge and cess liability is reflecting. Can it avoid or must have to pay, please advise
Is TRC applicable to capital gain on sale of property in india for an OCI?
Not required, as on capital gains tax is applicable as per domestic rates under DTAA, which would anyway be the case.
If an NRI is employed in Country A where he pays income tax on employment income earned in Country A. Whereas he also has dividend income from the stocks purchased in US.
In such cases in which country should NRI declare such dividend income. Is it in country A or in India while filling ITR.
Where do you get the DTAA rates for dividends from listed shares?
Normally, you can verify Article 10 of a DTAA or article 11...
Im a US resident and i have a post office bond interest income from India.
Under DTAA, i need to pay tax only either in India or US ? And get that income completely exempted from tax from the other country?
Can an NRI claim for refund of excess taxes paid in past on capital gains and dividend income e.g. 2 yrs ago, paid in India while being tax resident in another country.
Sirs, is EPF money withdrawn in India ( upon moving to USA) is taxable in USA as a worldwide Income? The PF money is not taxable if the contribution is continuous for 5 years. Please help answer this question
I need to file ITR for AY 2021-2022 , is there a provision for filing late returns and what are the implications.
I have a UK Certificate of resiidence for the period 2011-2021 and want to submit it under DTAA rules to tax office, please indicate the method for doing this.
Many thanks for your excellent videos.
Can we have a session on DtAA provision between usa and india
It will be imme9rewarding
Thanks
Thanks for informative video.
Interest earned by NRI on PPF in India, exempted in India. Do we need to indicate the interest as global income in income tax return and pay taxes as applicable. A humble request to you to please guide.
We're making payment overseas to a professional organisation who is providing accounting and Tax services to Indian client in that country. I will need to deduct WHT. Can the foreign company claim credit of WHT so deducted?
From this year, mutual fund houses asking about FIRC declaration ( foreign income proof kind of ) of NRE funds investment while redeeming. Are you aware of it? When investor has invested via his NRE account ( chq or NEFt etc), then what kind of proof the regulators need from NRIs now? If NRIs are asked any such documentation or proof of foreign income, their mutual fund investment may get demotivated.
They are making sure that you are paying from NRE account.. not asking your income proof . FIRC = Foreign Inward Remittance Certificate. It is required to remit back sale proceeds back to NRE account. It is a routine step to comply with FEMA law
@@NRIMoneyClinic I think you did not note my comment that, when at investment time itself, if funds are sent from NRE account which is itself is noted in their records, why should they ask now at time of redeem to provide proof or declaration of it? They should themselves check the records of customer about inward fund source which is nothing but name of bank/NRE acc. My funds are hold in this way by ICICI, UTI, etc...
FIRC has to be obtained at the time of investment itself/when bringing funds into India from one’s foreign bank account/NRE. This needs to be obtained from banker.
This acts as a proof in case in future, one wants to remit/repatriate funds without much complications.
Obtaining FIRC is not mandatory for all investments, especially when one does not want to repatriate funds outside of India.
@@sriramrao2514 This has been already noted above per new rules. The query was about, old investments where, no such documents where required. But already if inward funds entry is via NRE account, the fund house itself can do due diligence from eg HDFC bank if this customer exists and its his own account! Today for 10 yrs old investment if ICICI/HDFC start asking provide proof under FIRC its very difficult. The money remitted online to them itself is proof!! I hope I am able to explain once again. Many a times, book and practical are different experiences and generally these fund houses are too lazy and do not serve clients proactively.
TRC in UAE is most expensive in the world. This TRC requirement should be vanished in India or UAE should lower charges (Not more than $10). UAE is charging nearly Aed2200 which is too much for a common people to take benefit in India under DTAA.
Excellent quality 👌
Is there a program on PFIC for USA NRIs? How to tax plan on MF investments in India under growth option? If there is no episode, can you please do one?
Thanks in advance.
Ranganathan Murali.
do you have link for TRC and Form 10 as you mentioned regarding claiming back TDS for past years.
Watch the video fully and carefully... there cannot be any specific link of TRC as it is issued by the competent authorities in the country of your residence. Format of Form 10F is available in incometaxindia official website...
DTAA rate on dividend income between UK and India
Please someone answer for this scenario:
1. Opened NRE, PIS & trading account
2. Been doing equity trading for 3 years
3. Planning to permanently return to India , so I need to close my NRE & PIS
But what will happen to my demat account ?? ( consider zerodha)
Should I close it as well ?
Demat account is opened with NSDL or CDSL through your brokers like Zerodha… in my view, status in these accounts also needs to be changed… consult them for procedures in this regard…
Sir, last year I filed my ITR2 for the first time. I did not declare the salary amount earned in Qatar. Can you please clarify whether or nt it is required to declare the amount of Salary earned in Qatar and remitted to my NRE account in India?
Taxability depends on your tax residential status and other many factors. Hence there is no straightforward answer for your query
Hi Vasanth, there is no need to show your salary detail for IT return filing in India. There is also no need to show interest earned through NRE FDs, as it is considered to be tax free.
Thank you very much for your valuable vedio. But 80C deduction related topic not covered. Is nri eligible to get benefits from 80C or not. Please clarify.
Thanking you Sir very much
80C deduction is allowed to non-residents against incomes taxable at normal slab rates
Thanks for bringing in valuable content through your channel Dr.Bhat and CA Sriram and I have been watching them. I currently live in US, wanted to know upon return to India and post RNOR status, what would be the tax implications in India for 401k withdrawal . I am aware of the tax implications in US but was unclear on the DTAA agreement on this aspect. Would like to understand if there would be double taxation after completion of RNOR status. Any inputs on this topic would be of great help ! Thanks in advance
One need to wait for this… there are certain amendments brought about by F.A. Act 2021 on this aspect, however rules are yet to be prescribed… once the rules are prescribed one can answer your query
@@sriramrao2514 Thanks for your prompt reply
Sir do we need to submit TRC certificate once or it year to year process .... because the cost of TRC certificate is more than Dhs 276 >= INR 5300
Every year ypu need to submit as status can change every year
If a NRI has earned income in India only from FD interest which is less than Tax filing slab let say 2.5 Lac, but TDS is deducted at 30%, while filing return in India all that TDS deducted gets refunded, But while filing return in resident country Let say USA, both NRE and NRO interest income need to be disclosed in the return as Interest income and Tax is charged, can DTAA provide any benefit, since the tax paid in India is refunded but you are liable to pay Tax in resident country at whatever slab you get into there.
DTAA does not give an relief to a resident in his resident country apart from making him eligible for FTC, which is not applicable in your case, as India, you have not paid any taxes as a NRI
@@sriramrao2514 Thank you very much for the quick response, you guidance is very helpful for NRI community on Tax related queries which is too complicated unfortunately, Sometime i think its kind of impossible to remain compliant in all respects with this. Thank you very much. Also if I have to contact you or your team in case I need some assistance, can you provide best way to reach out.
@@bjss12000 You can e-mail me...
Can an OCI resident in India get benefits of DTAA ?? Plz guide. Thanks.
DTAA benefit applicable in the country in which you are an NRI & earn income there... if you are a resident in India, DTAA rates cannot be applied to you...
@@sriramrao2514 Thanks a million. Britain is charging TDS on my pension@ 20%. I am in 30% bracket in India. How can I adjust tax paid British amount in my resident individual tax filing in India ? plz guide at your convenience. Thanks. Dr Moghe,
@@pradeepkumarmoghe4551 You need to take proper consultancy and advisory services in this regard...
@@sriramrao2514 Sir, I was wondering whether your accountancy firm be interested to provide me a proper consultancy and advisory services. Thanks,
@@pradeepkumarmoghe4551 we do provide these services…
Dear Sir, I am NRI based in Saudi Arabia. Can I save tax on Indian equity long term capital gain by using DTAA ?
No, it is always taxable in India as per Indian Income Tax Act
Can we use FTC?
Foreign Tax Credit...
Sir You have to pay taxes in that Country.DTA is not ..only tax neutral..Especially for USA DTA..
Dear Sir, Thank you for helping us with very useful content every time. Could you please guide me here that I am a resident of UAE for the last 6 years and I have not much but started getting dividend income of Rs. 50000 and no other interest income or to say any other income in India. So do I need to mandatorily file ITR and how? Please help me to understand.
There is a detailed video onthis channel about "when should NRIs file tax returns in India ? " please watch and be guided
@@NRIMoneyClinic Thankyou for your reply and I really appreciate it. Yes, I did watch that video and as per that video I don't need to file ITR. But my concern is then as per the IT rule any dividend earned by an NRI he is liable for 20% + cess etc tax in the hands of receiver and there is no threshold on the earning, here I am talking about only dividends. So I just wanted to know if in future am I be charged for not filing the ITR though my total income in India is less than Rs. 60000 only via Dividends in a financial year..
@@pareshnathbanerjee The one thing which I missed in explaining in video 'when a NRI need to file return of income in India' is a case where he earns any income in India, which is chargeable to tax at special rates... Long Term Capital Gains, Short Term capital gain from sale of shares, mutual funds, dividends, certain type of interest etc., are taxable at special flat rate of taxes in the hands of NR's. On such incomes, basic exemption slab of ₹ 2.5 lakhs in not applicable, hence even when one has ₹ 1 income, he should file return of income in India... in your case, dividend is taxable @ 20%, hence, even though total income does not cross ₹ 2.5 lakhs, you will be required to file return of income in India and pay taxes on this dividend income...
@@sriramrao2514 Yes, this is what I wanted to know and this is what I was confused with. Thanks for the reply. So I am pending with 2 years of return, so what I need to do now? And could you please guide me the process. Thank you very much in advance.
@@pareshnathbanerjee Sir, The same is applicable for me; Similar doubt is in my mind too; Did u made IT file? If so please provide the details.Myself is staying in Oman (Muscat)
Thank you for sharing such an informative video. I am an nri residing in Dubai. I have few investments in shares for which I have received dividend. The total amount of dividend received is less than Rs.5000/- for which tax is deducted at source. My entire income is less than Rs. 2.5 lakhs. In this scenario, should tax be paid for the dividend earned? Is there any maximum amount up to which tax is not payable for dividend? Or is tax payable from the first Rupee of dividend earned?
In case of NR's, dividend is taxable in India at a fixed special rate of tax @ 20%. This being the case, in the hands of NR's even ₹ 1 dividend is taxable in India and basic exemption limit of ₹ 2.5 lakhs in inapplicable to these types of incomes taxable at special rate of taxes... Hence, having ₹ 1 income taxable at special rates would mandate a person to file return of income in India.
@@sriramrao2514 Thank you Sir. I have a doubt now. Being an NRI, tax has been deducted at source for dividend on shares held by me @20.8%. My total dividend for last financial year had been Rs.3712/- I was trying to file my return and I have included the dividend income under dividend in the head “Income from other sources”. My AIS statement under TDS/TCS info reflects most of these dividend income under the head “dividend” whereas some are under the head “ foreign remittances”. Under SFT info, it is shown under dividend. My heads of income are house property, capital gains and income from other sources. Income from other sources has dividend income, interest income from NRO account. Total income is less than Rs. 160000/- From your earlier comment I was under the impression that tax has to be paid on dividend income @20.8% irrespective of my total income. But while entering details for filing returns, income tax site shows refund of all taxes deducted at source, including tax deducted for dividend. Is this an issue to be reported to ITO?
@@rosesamuel7971 it’s because you have entered dividend in wrong column in ITR… you should enter it in income taxable at special rates u/s 115A - dividends
THANK YOU LOT
There are lot of spelling mistakes in the screen display!
Thank you for the feedback . Will take care