Page 40 - Quick Insights Book 2022
P. 40

International Taxation         8


                                                                TAX CONSULTANCY

                                                                Expatriate Taxation

                                                                Expatriates are people who visit other country for temporary
                                                                duration for working in the host country. Many of the
                                                                multinational enterprises having presence globally may send
                                                                some of its employees to countries where it has presence in
                                                                order to assist the local company in their business activities.
                                                                This  phenomenon  is  also  known  as  global  mobility  in  the
                                                                context of employment.
                                                                Income of the expats may be taxable in the country to which
                                                                they  are  temporarily  working.  In  order  to  determine  their
                                                                taxability in India, the residential status of such expats will
                                                                become relevant. Residential status as per the Income-tax Act,
                                                                1961 (‘the Act’) will depend upon the period of stay of such
                                                                expat in India.
                                                                Some of the solutions, which may be provided by Chartered
                                                                Accountants in Expatriate Taxation matters, include:
                                                                    Obtaining Tax Registrations – Assist in obtaining the tax
                                                                     identification number (Permanent Account Number) and
                                                                     Tax Deduction Account Number (TAN) of the expatriate
                                                                     from the income-tax authorities;
                                                                    Determine Residential Status – Based on the presence
                                                                     of the expat in India, the residential status of such expat
                                                                     may be determined under the Act;
                                                                    Issuance of technical opinions on questions of law;

                                                                    Monthly withholding tax calculation – Assist in computing
                                                                     the  monthly  tax  liability  of  the  expatriate  in  order  to
                                                                     enable to the company to withhold applicable taxes in
                                                                     India including tax equalization amounts for grossing up
                                                                     tax;
                    International                                   Annual Income tax return preparation and filing –

                                                                     Prepare the computation of income and assist in filing
                         Taxation                                    the annual income tax return of the expatriate in India.
                                                                    Representation before the revenue authorities including
                                                                     appellate level and tax tribunal and allied assistance on
                                                                     litigation management including strategic advisory; and

                                                                    Evaluating  the  applicability  of  the  double  taxation
                                                                     avoidance agreement read with the multilateral instrument
                                                                     (MLI)  with the relevant  country, in  relation to relevant
                                                                     streams of income.

                                                                NON-RESIDENT INDIANS (NRI) TAXATION

                                                                Indian citizens or people of Indian origin residing outside
                                                                India could be termed as Non-Resident Indian.  The era of
                                                                globalization  has  led  to  large  employee  movements  across



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