As an NRI living in Qatar, I need to understand the tax regulations affecting my income and investments in India. What should I be aware of to stay compliant?

Ans: Your NRI status depends on the number of days spent in India. If you stay between 120 and 183 days, you typically remain an NRI, especially if your income in India exceeds Rs 15 lakh. As an NRI, your global income is not taxable in India, but your investments in equity, mutual funds, and AIFs are subject to Indian taxes.

For equity, LTCG over Rs 1.25 lakh is taxed at 12.5%, and STCG at 25%. Debt mutual funds' CG is taxed as per your slab rate. AIFs' taxation depends on their category.

Monitor your days in India to maintain NRI status and avoid becoming a Resident, which would increase your tax liability.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: Tax Implications on ETFs and Swing Trading: As an NRI, any income earned from securities transactions in India, including ETFs and swing trading, is subject to taxation. Short-term capital gains (STCG) from equity investments held for less than one year are taxed at 15% plus applicable surcharge and cess. However, if you become a resident Indian again, you'll be taxed as per the resident Indian tax laws, which include LTCG tax of 10% on equity investments held for over one year. It's essential to consult with a tax advisor to understand the specific implications of swing trading on your tax liability as an NRI.

NRE FDs vs. Small Finance Banks FDs: NRE fixed deposits offer the advantage of tax-free interest income and full repatriation of funds, making them an attractive option for NRIs. However, you rightly pointed out that if your residential status changes to resident Indian within 1-2 years, the interest rate and taxation will be recalculated based on resident rates. In such cases, investing in FDs of small finance banks with higher interest rates can be a viable alternative. While the interest earned above ?40,000 is subject to a 10% TDS, it's essential to consider factors like liquidity, safety, and the bank's credit rating before investing. Evaluate the interest rate differential and potential tax implications to make an informed decision based on your financial goals and risk tolerance.

Considering your investment horizon and financial objectives, it's advisable to consult with a financial advisor or tax consultant who can provide personalized guidance based on your specific situation and help optimize your investment strategy.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

Ans: The statement you found is mostly correct. Here's a breakdown of tax implications for NRIs in India:

Basic Exemption Limit:

Yes, NRIs are eligible for a basic exemption limit of ?2.5 lakhs on their total taxable income earned in India during a financial year. This means if your income from Indian sources (including bank deposits, shares, mutual funds, but excluding PPF interest) is less than ?2.5 lakhs, you generally don't need to pay taxes or file an income tax return in India.
Taxable Income for NRIs:

Interest income earned on NRO accounts is taxable in India.
Dividend income from Indian companies is generally taxable in India at a rate of 20% (plus surcharge and cess if applicable).
Capital gains from selling shares or equity mutual funds in India are taxable depending on the type and holding period of the investment.
Rental income from property in India is taxable.
NRIs and PPF:

NRIs cannot open new PPF accounts, but they can continue to contribute to existing PPF accounts opened while they were resident Indians.
The good news is that interest income earned on PPF and the maturity amount are completely tax-free for everyone, regardless of residential status.
Filing Income Tax Returns:

Even if your total income is below ?2.5 lakhs, you might still need to file an income tax return in India if you want to claim a tax refund on TDS (Tax Deducted at Source) deducted from your income, such as on interest from NRO accounts.
NRIs are advised to consult with a qualified tax advisor or chartered accountant familiar with NRI taxation to determine their filing requirements and tax liabilities.
In summary, while the ?2.5 lakh limit is a general guideline, it's important to consider all your income sources in India and the specific tax treatment of each to determine your tax filing obligations.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

Ans: 01. NRI is subject to Income Tax on any Income, which he earns or receives in India.
02. You would be liable to pay Income tax on any Income, like Rental Income from House Property, Interest Income or Dividends received from Securities or Mutual funds etc.
03. Any dividend payout or reinvested is chargeable to Income Tax. Your Investments (SIP in MFs) would keep on generating such type of Income.
04. Whenever you sell your investments, may be in MFs, Long/Short Term Capital Gains Tax, under the provisions of Income Tax would be payable.
05. It is advisable to file your ITR in India on regular basis.
Most welcome for any further clarifications. Thanks.

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.