Home > Money > Question
Need Expert Advice?Our Gurus Can Help
Mahesh

Mahesh Padmanabhan  |124 Answers  |Ask -

Tax Expert - Answered on May 03, 2023

Mahesh Padmanabhan has specialised in payroll, personal and corporate taxation for more than two and a half decades, enabling him to provide practical, realistic and correct advice to his clients.
He is a member of The Institute of Chartered Accountants of India and has a degree in cost accounting from the Institute of Cost Accountants of India.
He is also a qualified information systems auditor. ... more
Naren Question by Naren on Apr 04, 2023Hindi
Listen
Money

Hello Sir, I am a US citisen living and working here in India on OCI. Please advise me weather I do returns filing just like how others in India do? Or are there any additional things to do? While I understand I also have to file returns in US, I would first do in India and take it to file in US for overcoming double taxation. Please advise. Also, how can you help and how do I reach you for a phone call. Thanks.

Ans: Hi Naren
The requirement to file tax returns in India is based on your residential status and the volume of income. Hence, if you are currently a resident of India (based on number of days of stay in India) and your income is exceeding the threshold limit mandating the filing of tax returns then you definitely need to file the same.

There would be a gap in the period covered for filing tax returns viz., say India's financial year is between April 1, 2023 to March 31, 2024 whereas USA follows the calendar year concept i.e. January 1, 2023 to December 31, 2023.

When you prepare your data for USA, you would need to realign the income and the tax to validate the tax credit that could be claimed in USA
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
Money

You may like to see similar questions and answers below

Moneywize

Moneywize   |181 Answers  |Ask -

Financial Planner - Answered on Jun 20, 2024

Asked by Anonymous - Jun 19, 2024Hindi
Listen
Money
I'm an NRI residing in New York. I'm confused about the tax regulations in both the USA and India. How can I ensure I'm compliant with tax regulations in both the countries and what should I watch out for?
Ans: Navigating tax regulations as a Non-Resident Indian (NRI) living in New York involves understanding the tax systems of both the United States and India. Here's a comprehensive guide to help you ensure compliance with tax regulations in both countries:

Understanding Tax Residency

United States:

• Resident Alien vs. Non-Resident Alien: For tax purposes, you are considered a resident alien if you pass the Green Card Test or the Substantial Presence Test.
• Substantial Presence Test: You must be physically present in the US for at least 31 days during the current year and 183 days over the past three years, calculated using a specific formula.

India:

• NRI Status: You are considered an NRI if you have spent less than 182 days in India during the financial year or less than 365 days in the preceding four years plus less than 60 days in the current year.

Filing Requirements

In the USA:

• Federal Taxes: File Form 1040 if you are a resident alien, reporting worldwide income. Non-resident aliens file Form 1040-NR.
• State Taxes: Depending on New York state regulations, you may need to file a state tax return.
• Foreign Accounts: If you have foreign bank accounts with a total value exceeding $10,000 at any time during the year, you must file FinCEN Form 114 (FBAR).

In India:

• Income Taxes: File ITR-2 if you have income from sources outside India and are an NRI. Report only income earned or accrued in India unless specified otherwise by the Double Taxation Avoidance Agreement (DTAA).
• TDS (Tax Deducted at Source): Ensure that TDS is correctly deducted on income from India (e.g., rent, dividends).

Double Taxation Avoidance Agreement (DTAA)

The DTAA between India and the USA aims to avoid double taxation on income earned in both countries. Key points include:

• Tax Credits: You can claim a tax credit in one country for taxes paid in the other.
• Reduced Rates: Certain types of income (e.g., dividends, royalties) may be taxed at reduced rates.

Specific Considerations

1. Global Income Reporting:

• In the USA, you must report your global income.
• In India, you report income earned in India if you are an NRI.

2. Foreign Tax Credit (FTC):

• Claim FTC in the USA for taxes paid in India on income taxed in both countries.

3. Investments:

• USA: Be aware of Passive Foreign Investment Company (PFIC) rules for investments in foreign mutual funds.
• India: Ensure compliance with the Foreign Exchange Management Act (FEMA) for investments in India.

4. Foreign Assets Reporting:

• USA: Report foreign financial assets exceeding specific thresholds using Form 8938.
• India: NRIs with certain specified foreign assets must file Schedule FA with their Indian tax return.

5. Estate and Gift Taxes:

• USA: Be aware of gift and estate tax rules if you transfer assets to or from India.

Steps to Ensure Compliance

1. Maintain Records:

• Keep detailed records of income earned, taxes paid, and days spent in each country.

2. Consult a Tax Professional:

• Engage a tax advisor experienced in international taxation to help navigate the complexities.

3. Regularly Review Tax Regulations:

• Stay updated on tax law changes in both countries.

4. Utilise Software and Tools:

• Use tax software that handles international taxation for accurate reporting and compliance.

By following these guidelines and seeking professional assistance, you can ensure compliance with tax regulations in both the USA and India.

..Read more

Latest Questions
Milind

Milind Vadjikar  |1030 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Feb 17, 2025

Listen
Money
Hello sir, I am 33years old and like to have a stable life with a good retirement corpus along with children education. I have 2 sons both are of 1 and 3years old respectively and my wife is a housewife. I am having FD of 16L, 10L in gold, bought a flat paying housing loan EMI of 25K, having term insurance for 1cr and health insurance for 4L. I am making investments in mutual funds SIP of 30k since last 1 year. Hdfc dividend yeild fund 1000 Icici bluechip fund 8000 Quant small cap fund 1000 Canara robecco small cap fund 1000 Uti nifty index fund 5000 Icici balanced advantage fund 5000 Jm flexicap fund 2000 Quant elss fund 5000 Parag pareekh flexicap fund 2000 Lumsum Investments Sbi healthcare fund 20K Quant infrastruture fund 10k Sbi magnum gilt fund 20k Plz advice....am i really doing good with these investments or shall i replan my investments....
Ans: Hello;

Having 12 funds(9 sip+3 lumpsum) in portfolio is not required.

You need to just 4 funds for your sip of 30 K(divided equally):
1. Flexicap fund
2. Large and midcap fund
3. Balanced advantage fund
4. Multi asset allocation fund

You may consider exiting the sectoral, thematic and debt fund owned by you and redeploy it in your regular funds.

This ensures equity(large cap oriented)is predominant asset class in your portfolio but it also has exposure to debt and gold for balance and risk mitigation.

Also keep a target to step up sip amount every year by 7-10% atleast.

This will go towards higher education provision for your kids. (~1.85 Cr in 15 years considering 7% annual top-up and 10% modest returns)

For your retirement planning you may consider NPS and start with a decent amount(~30 K pm) as regular investment since time is on your side(27 years to hit 60 age).[3.45 Cr in 27 years without any step up consideration. 8% returns assumed].

Consider buying home loan insurance and super top-up health cover.

Happy Investing;
X: @mars_invest

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

Close  

You haven't logged in yet. To ask a question, Please Log in below
Login

A verification OTP will be sent to this
Mobile Number / Email

Enter OTP
A 6 digit code has been sent to

Resend OTP in120seconds

Dear User, You have not registered yet. Please register by filling the fields below to get expert answers from our Gurus
Sign up

By signing up, you agree to our
Terms & Conditions and Privacy Policy

Already have an account?

Enter OTP
A 6 digit code has been sent to Mobile

Resend OTP in120seconds

x