The determination of the residential status of a person is very significant in order to find out his tax liability
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1 RESIDENTIAL STATUS
2 The determination of the residential status of a person is very significant in order to find out his tax liability whether an income, accrued to an individual outside india, is taxable in india depends upon the residential status of the individual in india. Similarly, whether an income earned by a foreign national in india (or outside india) is taxable in india, depends on the residential status of the individual, rather than on his citizenship.. YOUNGMINDSCLUB
3 Different taxable entities An individual; A Hindu Undivided Family(HUF); A firm or an Associations Of Persons (AOP); A Joint Stock Company;& Every other person.
4 Different residential status: FOR INDIVIDUAL AND A HINDU UNDIVIDED FAMILY FIRM, COMPANY, LOCAL AUTHORITY,ARTIFICIAL PERSON,AOP/BOI ordinarily in India Resident Resident but not ordinarily resident Non-resident in India. Resident in India; or Non-resident in India.
5 residential STATUS OF THE INDIVIDUAL
6 Step 1 First find out whether such individual is Resident in India Step 2 If such individual is Resident in India, then find out whether he is ordinarily resident in India.
7 Residence -Individual An Individual is said to be resident in India in any previous year, if he satisfies at least one of the following conditions: 1) He is in India in the previous year for a period of 182 days or more. 2) a) He is in India for a period of 60 days or more during the previous year and b) 365 days or more during 4 years immediately preceding the previous year.
8 Exception Period 60 Days is extended to 182 days in the following cases. i) An Indian citizen who leaves India during the previous year for the purpose of employment outside India ii) Indian citizen who leaves India during the previous year as a member of crew of Indian ship. iii) Indian citizen or person of Indian origin who comes on a visit to India during the previous year.
9 CONDITIONS TO TEST AS TO WHEN A RESIDENT INDIVIDUAL IS ORDINARILY RESIDENT IN INDIA Supplement ary Condition 1 Supplement ry Condition 2 He must been resident in India in at least 2 py out of 10 previous years immediately preceding the relevant previous year He has been in India for a period of 730 days or more during 7 previous years immediately preceding the relevant previous year
10 CONDITIONS TO TEST AS TO WHEN A RESIDENT BUT NOT ORDINARILY RESIDENT [SEC. 6(1), (6) (a)] Situation 1 If he satisfies at least one of the basic conditions u/s 6(1), but none of the supplementary conditions Situation 2 If he satisfies at least one of the basic conditions AND one of the two supplementary conditions
11 RESIDENTIAL STATUS OF A Hindu Undivided Family
12 Place of business Control Wholly in India Wholly Out of India Residential Status Of huf Resident Non-Resident Ordinarily Resident Or Not 1) If Karta or Manager has been resident in India of 2 out of 10 previous yrs immediately preceding the previous year And 2) 730 days or more during 7 years preceding the relevant previous yrs. Partly in India and partly outside India Resident Same
13 RESIDENTIAL STATUS OF FIRM AND ASSOCIATION OF PERSON [SEC 6 (2)] Place of Control Wholly in India Wholly Out of India Partly in India and partly outside India Residential Status Of Firm Resident Non-Resident Resident
![COMPANY [SEC 6 (3)] NOTE: A Company can never be "ordinarily" or "not ordinarily resident" in India Place of Control Wholly in India An Indian Company](/docs-images/87/96965455/images/14-0.jpg "Resident A company other than Indian Company Resident Wholly Out of India Partly in India and partly outside India Resident Resident Non-Resident")
14 COMPANY [SEC 6 (3)] NOTE: A Company can never be "ordinarily" or "not ordinarily resident" in India Place of Control Wholly in India An Indian Company Resident A company other than Indian Company Resident Wholly Out of India Partly in India and partly outside India Resident Resident Non-Resident Non-Resident
15 RESIDENTIAL STATUS OF EVERY OTHER PERSON [SEC. 6(4)] Every other person is resident in India if control and management of his affairs is, wholly or partly, situated within India during the relevant previous. On the other hand, every other person is non-resident in India if control and management of its affairs is wholly situated outside India.
16 RELATIONSHIP BETWEEN RESIDENTIAL STATUS AND SCOPE OF TAX [Sec. 5] In order to understand the relationship between residential status and tax liability, one understand the difference between Indian Income and Foreign Income 1.INDIAN INCOME 2.FOREIGN INCOME
17 PROVISIONS IN BRIEF Whether income is received (or deemed to be received) in India during the relevant year Whether income accrues (or arises or is deemed to accrue or arise) in India during the relevant year Status of Income Yes Yes Indian Income Yes No Indian Income No Yes Indian Income No No Foreign Income
18 INCIDENCE OF TAX FOR DIFFERENT TAX PAYERS
19 Fr INDIVIDUAL and HUF
20 Particulars Resident and Ordinaril y a resident in India Resident but not and Ordinari ly a resident in India Non- Residen t in India Indian Taxable in India Taxable in India Taxable in India Income
21 Particulars Resident and Ordinarily a resident in India Resident but not and Ordinarily a resident in India Non- Resident in India Foreign Income -If it is business income and business is controlled wholly or partly from India Taxable in India Taxable in India Not Taxable in India - If it is income from profession which is set up in India Taxable in India Taxable in India Not Taxable in India - If it is business income and business is controlled outside India Taxable in India Not Taxable in India Not Taxable in India - If it is income from profession which is set up outside India Taxable in India Not Taxable in India Not Taxable in India - Any other Foreign Income (like salary, rent, interest, etc.) Taxable in India Not Taxable in India Not Taxable in India
22 FORER TAX PAYERS INDIAN INCOME RESIDENT IN INDIA Taxable in India NON- RESIDENT IN INDIA Taxable in India FOREIGN INCOME Taxable in India Not taxable in India
23 RECEIPT OF INCOME
24 Income received in India is taxable in all cases irrespective of residential status of an assessee. The following points are worth mentioning in this respect
25 CONNOTATION OF ACCRUE OR ARISE AND DEEMED TO ACCRUE OR ARISEARISE IN INDIA
26 INCOME FROM BUSINESS CONNECTION [SEC.9(1)(I)]
27 THE FOLLOWING CONDITIONS SHOULD BE SATISFIED CONDITION ONE The Tax Payer Has a Business Connection in India CONDITION TWO By Virtue of Business Connection in India, Income Actually Arises Outside India.
28 WHAT IS BUSINESS CONNECTION???
29 ACTIVITY ONE He Exercises In India An Authority To Conclude Contracts On Behalf Of The Non Resident.
30 ACTIVITY TWO He Has No Such Authority but Habitually Maintains in India a Stock of Goods or Merchandise From Which He Regularly Delivers Goods or Merchandise on Behalf of the Resident
31 ACTIVITY THREE He Habitually Secures Orders in India for the Non-resident\non- Residents Under the Same Management
32 Independent Brokers /Agents are EXCLUDED
33 Operations not taken as BUSINESS CONNECTION???
34 Where all operations are not carried out in India. Purchase of goods for export(in case of non-resident) Collection of news & views in India for transmission out of India. Shooting of cinematograph films in India. YOUNGMINDSCLUB
35 OTHER IMPORTANT POINTS TO BE NOTED YOUNGMINDSCLUB
36 Income Through Or From Any Property,asset Or Source Of Income In India.[Sec.9 (1)(i)] Income Through the Transfer of Capital Asset Situated in India [Sec.9 (1)(i)] Income Under the Head Salaries [sec.9(1)(ii)] Salary Payable Abroad by the Government to a Citizen of India [Sec.9 (1)(iii)]
37 Dividend Paid by an Indian Company [SEC.9 (1)(iv) Income by Way of Interest [Sec.9 (1)(v)] Income by the Way of Royalty [Sec.9 (1)(vi)] Income by Way of Fees for Technical Services[sec.9 (1)(vii)]
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