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Moving back to India in December 2024: Will I owe taxes?

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Financial Planner - Answered on Aug 20, 2024

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Asked by Anonymous - Aug 17, 2024Hindi
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I am working in Nigeria as an employee in a mechanical engineering firm since last 2022 and gaining salary. I have decided to return to India in December 2024. Will I have to pay tax on returning to India?

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.
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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I have been NRI for more than 20 years. If I return to India for how long can i keep my NRI status and will any money earned by me after my return to India from a foreign sources be taxable? If yes, how much tax will I have to pay?
Ans: When you return to India after being an NRI (Non-Resident Indian) for more than 20 years, your tax residency status will change. You will be considered a Resident but Not Ordinarily Resident (RNOR) for the first two financial years (April to March) after your return.

As an RNOR, your foreign income is generally not taxable in India unless it's derived from a business controlled or set up in India. So, any income earned from foreign sources during the RNOR period would generally not be taxable in India.

However, any income earned in India during the RNOR period will be taxable in India, along with any income from a business controlled or set up in India, regardless of whether it's earned domestically or abroad.

After the RNOR period, if you continue to stay in India, you will become a Resident and Ordinarily Resident (ROR) for tax purposes. In this case, your global income, including income earned abroad, will be taxable in India.

Tax rates in India vary depending on the income slab you fall into, and there are also various deductions and exemptions available. It's recommended to consult with a tax advisor in India who can provide personalized advice based on your specific financial situation and the prevailing tax laws at the time of your return.

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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.
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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.

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I am working in Mauritius as an mechanical engineer from last 2020 and earning salary which is equivalent to 3 lakh Indian rupees. I plan to return to India by end of this year. Will i have to pay income tax on returning India for income earned in Mauritius?
Ans: Based on the information you've provided, it's highly unlikely that you'll have to pay income tax in India on the salary you earned in Mauritius.

Understanding the India-Mauritius Double Taxation Avoidance Agreement (DTAA)

India and Mauritius have a DTAA in place to prevent double taxation.

This means that income earned in one country is generally not taxed in the other.

Key points to consider:

• Resident status: As you've been working in Mauritius since 2020, you're considered a tax resident of Mauritius for those years.
• Income earned in Mauritius: Your salary earned in Mauritius is primarily considered foreign income and is generally not taxable in India under the DTAA.
• Returning to India: When you return to India, you'll become a tax resident of India. However, this change in residency will not automatically trigger tax on your past income earned in Mauritius.

Potential Considerations:

While the DTAA generally protects you from double taxation, it's essential to consider these points:

• Specific circumstances: There might be specific circumstances, such as the nature of your employment or other income sources that could affect your tax liability.
• Professional advice: It's always advisable to consult with a tax professional to get personalised advice based on your specific situation.

To be completely certain about your tax obligations, it's recommended to seek guidance from a professional tax consultant in India for tailored-made advice based on your income, employment details and other relevant factors.

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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.

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