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Vivek

Vivek Lala  |301 Answers  |Ask -

Tax, MF Expert - Answered on Mar 11, 2023

Vivek Lala has been working as a tax planner since 2018. His expertise lies in making personalised tax budgets and tax forecasts for individuals. As a tax advisor, he takes pride in simplifying tax complications for his clients using simple, easy-to-understand language.
Lala cleared his chartered accountancy exam in 2018 and completed his articleship with Chaturvedi and Shah. ... more
Tarun Question by Tarun on Feb 28, 2023Hindi
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I am an NRI for last two years. If I plan to come to India in Jun 2023, does my foreign income (Dubai) from Apr to Jun 23 become taxable for FY 24 in India? I am salaried and there is no business or rental income abroad

Ans: If you don not follow the rules for an NRI as per the IT Act for FY24 , then you will be residential individual and not a NRI due to which all the income will be taxable.
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.
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Financial Planner - Answered on Jul 18, 2024

Asked by Anonymous - Jul 16, 2024Hindi
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I am working in Dubai at an MNC company since May 2022. I am thinking of coming back to India this year. Will I have to pay any tax in India on the income that I have earned in Dubai between May 2022 and June 2024?
Ans: Most likely, you will not have to pay taxes in India on your income earned in Dubai between May 2022 and June 2024. Here's why:

• No income tax in Dubai: The United Arab Emirates (UAE), which includes Dubai, does not levy personal income tax on its residents or even foreign nationals living there.
• India-UAE Double Taxation Avoidance Agreement (DTAA): India and UAE have a DTAA in place. This agreement prevents double taxation on the same income earned in both countries.
• NRIs and Indian taxation: Since you're working in Dubai, you're likely considered a Non-Resident Indian (NRI) for Indian tax purposes. NRIs generally don't pay Indian income tax on income earned outside India.

However, there are a few things to keep in mind:

• Indian income: This benefit applies only to your income earned in Dubai. If you have any income sources in India (rental income, investments etc.), you might need to pay taxes on those in India.
• Residential status: Your residential status for tax purposes is determined by various factors like stay duration in India. It's best to consult a tax advisor if your situation regarding residential status is unclear.

For a more definitive answer, consulting a chartered accountant or tax advisor specialising in NRI taxation is recommended. They can assess your specific situation and provide personalized advice.

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T S Khurana

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Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

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