- To check your Residential Status – click here.
- If you are a Resident, income earned by you anywhere in the world shall be taxable in India and has to be included in your total income. If you are a NRI – click here to read about taxation for NRI.
- Convert income earned outside India into Indian currency – convert your income in foreign currency into Indian Rupees by using the State Bank of India telegraphic transfer buying rate (TTBR) of the last day of the month before the month in which income is due. For example, for converting salary income of June 2014, use the TTBR of the relevant currency for May 2014 and convert your salary into Indian Rupees.
- Now, include this income under the head to which it belongs, for example, include salary income under the head ‘salaries’.
- You have to treat this income as any other income which is earned by you locally. Minimum exemption of Rs 2,50,000 is allowed on your total income and remaining income is taxable as per income tax slab rates.
- If TDS has been deducted on your income you are allowed to take credit of such taxes. For this purpose, reference has to be made to the relevant Double Tax Avoidance Agreement (DTAA) of the country where such income has been earned. India has entered into DTAAs with several countries. DTAA makes sure that a taxpayer is not doubly taxed for the income earned outside the country of residence. Since income may be taxed at source i.e. from the place it originated and is also usually taxable in the country of residence, the DTAA makes sure that the taxpayer is not adversely impacted. The taxpayer is also allowed to take credit of TDS deducted.
- Taking benefit of a DTAA involves obtaining a Tax Residency Certificate (TRC) that helps identify and certify your tax residency status to make sure the correct DTAA has been applied. This is inline with the tax laws in India.
- While taking TDS credit, make sure you are referring to the correct DTAA. Under DTAA, there are two methods to claim tax relief – exemption method and tax credit method. By exemption method, income is taxed in one country and exempted in another. In tax credit method, where the income is taxed in both countries, tax relief can be claimed in the country of residence.
- If no DTAA exists between the 2 countries, you may still be able to get tax credit on foreign taxes paid. You may need an expert to assist you.
- In the latest income tax return forms, several disclosures have been added for income on which DTAA benefit has been claimed.
Frequently Asked Questions
I have worked in the USA for 2 months in the previous year and now I qualify as Resident of India, now when I am filing my return here can I claim any benefit of tax paid in the USA on my salary income.
Yes, you can claim tax credit of the tax paid in the USA as per the DTAA provisions between the USA and India. You can do this when filing your income tax return.
I have income from a country with which India has no DTAA, TDS on the income from such is eligible for tax credit.
Yes, tax credit can be claimed on doubly taxed income even where India does not have DTAA with a specific country. You may need an expert to assist you.