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Sunday, Dec 05, 2004

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Double taxation of dollar income

T. Banusekar

I WORK for a multinational company in Bangalore. I have recently been transferred to work on an assignment for my employer company's client in the US. For this project I am paid in dollars.

Tax is deducted at source from the salary under the American tax laws.

The project will last for six months. Will the amount I receive in dollars be taxable in India?

A. Jeyachandran

Reply

From the facts stated by you, it appears that you are resident and ordinarily resident in India in accordance with the Income-Tax Act.

Therefore, all income earned by you anywhere in the world will be chargeable to tax in India. Since the payment made to you is in the nature of salary, the same will not qualify for any tax benefits under the Income-Tax Act and will be fully chargeable to tax in India.

You may, however, look into the Double Taxation Avoidance Agreement between India and the US. If by virtue of this agreement the income becomes chargeable to tax in the US, while you are a resident of India in accordance with the agreement, you can claim a relief in India in respect of the tax paid in the US.

The relief that will be available will be the lower of the Indian tax or the American tax on such doubly taxed income.

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