Dear Sir, I am working in IT field. I was deputed at onsite in Switzerland from 15-Sept-2021 till 28-Oct-2024. After returning back to India, my employer considered me as Resident Indian and deducted the tax for entire year (including India salary component paid at onsite from April 2024 to Oct 2024). I have two questions :a) I believe for FY 24-25, my residential status should be non-resident and not resident as considered by employer. b) Can I claim for Refund for the tax deducted by my employer on my India component for the duration of April 2024 to Oct 2024.

Ans: Your question is a little unclear because you have not given year by year data. Further, I am assuming that you are asking for the status in FY 2022-23.

For a person to qualify as Resident Indian she should stay in India for more than 182 days in a year or she should stay in India for the immediately 4 preceding years is 365 days or more and 60 days or more in the relevant financial year.

Depending on whether one is in India for 60 days or more in the relevant financial year (you have mentioned that her stay exceeded 365 days in 4 previous years), your daughter’s residential status would be that of a Resident Indian or an NRI.

Ans: As dues are settled in FY 22-23, income is considered as arises in FY 22-23. However, DTAA provisions should be checked for the benefit, if any, available.

Ans: Your tax residency status in India depends on the number of days you stayed in India during the financial year (April to March). For the financial year 2023-24, you need to check your residency status based on the following criteria:

Resident: If you stayed in India for 182 days or more during the financial year.
Non-Resident Indian (NRI): If you stayed in India for less than 182 days during the financial year.
Since you were in Saudi Arabia for most of the financial year and returned to India in mid-September, you are likely to qualify as an NRI, provided your stay in India does not exceed 182 days.

Taxability of Income Earned Abroad
For NRIs
Foreign Income: Income earned and received outside India is not taxable in India.
Indian Income: Income earned or received in India is taxable in India.
If you qualify as an NRI, your income earned in Saudi Arabia is not taxable in India, regardless of whether it was credited to your NRE account or remitted via MoneyGram.

For Residents
Global Income: If you are considered a resident, your global income is taxable in India.
Tax Rate: The tax rates for individuals are progressive, ranging from 5% to 30% based on your income slab.
Determining Tax Liability
Calculate Days in India
Arrival and Departure Dates: Track the exact dates you were in India during the financial year.
Total Days: Ensure your stay does not exceed 182 days to qualify as an NRI.
Tax Calculation for Residents
Income Slabs: For the financial year 2023-24, the income tax slabs for residents below 60 years are:
Up to Rs. 2.5 lakhs: Nil
Rs. 2.5 lakhs to Rs. 5 lakhs: 5%
Rs. 5 lakhs to Rs. 10 lakhs: 20%
Above Rs. 10 lakhs: 30%
Income from Saudi Arabia: Add your Saudi income to your total income in India.
Deductions and Exemptions: Utilize available deductions like Section 80C, 80D, etc.
Steps to Ensure Compliance
Track Residency: Accurately track your days in India for precise residency status.
Document Remittances: Maintain records of all remittances received via MoneyGram.
Consult a Certified Financial Planner: For personalized advice, consult a CFP to ensure compliance and optimize tax liability.
Summary
NRI Status: If you stayed in India for less than 182 days, your Saudi income is not taxable.
Resident Status: If you stayed for 182 days or more, your global income, including Saudi earnings, is taxable in India.
Tax Rates: For residents, the tax rate ranges from 5% to 30% based on your income.
Ensuring accurate residency status is key to determining your tax liability. Consulting a CFP will help you navigate this complex situation effectively.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner,

www.holisticinvestment.in