I'm a mechanical engineer returning to India from Mauritius – will I owe income tax?

Ans: An NRI's income taxes in India will depend upon his residential status for the year. If your status is 'resident', you have to pay the income tax in India; if you are a non-resident, then you need not pay the income tax in India.

Any income that you get in India (eg. On investments, rental, etc) would be taxable in India. Whether you are a resident or non-resident you have to file ITR if your income exceeds Rs. 2,50,000 or if you have short term capital gains.

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

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.

Ans: Tax Implications on Returning to India from Nigeria

Understanding Your Tax Residency

The primary factor determining your tax liability upon returning to India is your residential status.

• Non-Resident Indian (NRI): If you stay outside India for more than 182 days in a financial year, you're generally considered an NRI. Income earned outside India is typically not taxable in India.
• Resident but Not Ordinarily Resident (RNOR): You might fall into this category if you meet certain conditions regarding your stay in India in the past four years.
• Resident and Ordinarily Resident (ROR): If you've stayed in India for more than 182 days in the current financial year and at least 365 days in the previous four years, you're generally considered ROR. Your global income is taxable in India.

Potential Tax Implications

1. Income Earned in Nigeria:

• If you're an NRI when you return, income earned in Nigeria is generally not taxable in India.
• If you become ROR, your entire global income, including income earned in Nigeria, becomes taxable in India. However, you might be eligible for foreign tax credits to avoid double taxation.

2. Foreign Assets:

• You might need to disclose foreign assets and income in your Indian tax return.
• Specific reporting requirements and thresholds apply.

3. Repatriation of Funds:

There might be restrictions or reporting requirements for bringing foreign currency into India.

Important Considerations

• Tax Treaties: India has tax treaties with several countries, including some African nations. These treaties can impact your tax liability.
• Proof of Stay: Maintaining records of your stay in Nigeria, such as visa stamps, flight tickets, and accommodation details, is crucial for tax purposes.
• Professional Advice: Given the complexities involved, consulting with a tax professional is highly recommended to ensure compliance and minimise tax liabilities.

To determine your exact tax obligations, you should provide more details about:

• Your specific stay periods in India and Nigeria
• Nature of your income in Nigeria
• Amount of funds you plan to repatriate
• Any assets or investments held outside India

By gathering this information and consulting with a tax expert, you can effectively plan your tax affairs and avoid potential issues upon your return to India.

Disclaimer: While I can provide general information, it's crucial to consult with a tax professional for personalised advice based on your specific financial situation. Tax laws can be complex and subject to change.