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Subject:
US Citizen working in India- Tax implications
Category: Business and Money > Accounting Asked by: cylack-ga List Price: $20.00 |
Posted:
20 Jan 2006 07:47 PST
Expires: 19 Feb 2006 07:47 PST Question ID: 435812 |
If a United States citizen were hired by an Indian corporation and moved to India to work, what are the tax implications? That is, does the person pay taxes in India to the Indian government and not pay US Taxes or does he have to pay US taxes? Is it dependent on the salary earned - the salary in question would be around $25,000. |
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Subject:
Re: US Citizen working in India- Tax implications
Answered By: richard-ga on 22 Jan 2006 17:40 PST Rated: ![]() |
Hello and thank you for your question. The first place to look is in Article 16 of the US-India Tax Treaty. [see page 41 of the following .pdf] http://www.unclefed.com/ForTaxProfs/Treaties/inditech.pdf That 1991 version is the current treaty. http://www.irs.gov/publications/p54/ch06.html Unless any of the special provisions described there apply, the treaty will cover your service only if your days in India do not exceed 183 days each (calendar) year. If you're there 183 or fewer days, then under the treaty you'll pay US income tax on your income, and nothing to India. But if you're there more than 183 days, the treaty won't apply. So you'll pay income tax to India, you'll also pay income tax to the United States, and the U.S. will give you a foreign tax credit that will in effect reimburse you for most or all of the income tax you paid in India. [Commenter seshadrinathan-ga tells us the India rate is ~35%, while the credit will be limited to US tax rates.] You can read the IRS' version of all this at http://ftp.irs.gov/pub/irs-soi/ftcredit.pdf But wait, there's more! Internal Revenue Code Section 911 allows an income tax exclusion for the first $80,000 of foreign-earned income. http://www.escapeartist.com/efam/76/Overseas_Taxes.html So the answer is actually simpler if you also meet the Section 911 definition. In that case you'll still pay income tax to India (if you're in India more than 183 days in the year, as described above), but instead of the foreign tax credit you'll simply be able to exclude your foreign-earned income from your US tax return. Search terms used india "tax treaty india "foreign tax credit" rate india "foreign tax credit" 911 Thanks again for letting us help. Google Answers Researcher Richard-ga |
cylack-ga
rated this answer:![]() Thanks. This was exactly what I was looking for. |
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Subject:
Re: US Citizen working in India- Tax implications
From: happytobeme-ga on 20 Jan 2006 09:17 PST |
Expatriate taxation is fairly complicated, but in general, you could plan for paying US tax (and receiveing an foreign earned income exclusion based on your days worked outside the US, and possibly a US foreign tax credit for any taxes paid in India), as well as paying taxes to India. Based on the salary level you mention, your entire salary may be covered by the foreign earned income exclusion. Trust me to say that at least for the first year (and probably every year you work abroad), you'll need a tax professional to prepare your taxes. Get someone who is fluent in expatriate taxation. You didn't mention if you were doing this on your own or through an employer, but many employers do something called "tax equalization", which means reimburse you for any excess taxes you might have, but that is not a matter of law, but rather employee and expatriate benefits. Good luck! happytobeme |
Subject:
Re: US Citizen working in India- Tax implications
From: seshadrinathan-ga on 21 Jan 2006 10:57 PST |
I am a Chartered Accountant from India (equivalent of a CPA) working in the US. Taxation in India is based on incidence of income and residency rules. Former means that if your employer is Indian, you would pay taxes there. Residency rules also will apply, which means that if you were in India for more than 181 days a fiscal year (April - March), your income will be taxable. In the intial two years that you are resident, you will not be taxed for income arising outside India. After the two years, you will lose that shelter too. I believe the US taxation is based on citizenship and the citizen is taxed on the worldwide income. However, you should be able to claim foreign tax credit. Based on current tax rates, you will pay more taxes in India - at $25k which is about Rs.1.1 Million - you will be taxed at the 30% tax rates at the highest tax bracket with surcharges of around 10%, in effect 33%. Your US tax rate, being lower for the same income, will mean that you will be able to claim entire US tax due as tax credit. Interestingly, you may face another situation of dual status for at least one tax year because of the difference in tax years for the two countries. |
Subject:
Re: US Citizen working in India- Tax implications
From: seshadrinathan-ga on 21 Jan 2006 11:01 PST |
I was able to check the Double Taxation Avoidance Agreement (DTAA) between United States and India. DTAA specifically provides that the taxation can be only in one country and in the country where the income originates, which in this case is India. This confirms that you will be taxed in India. This is specifically so since the employer is an Indian corporation and you are going to be working out of India (Article 16). |
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