In terms of taxation, what happens when an Indian has no income overseas but has assets located outside India?
An Indian who has assets located outside India is required to report those assets in his Indian tax return if he qualifies as ordinarily resident in India in the financial year.
Residential status is determined on the basis of physical presence of the individual in India during a financial year. If the individual satisfies any of the basic conditions mentioned below he would qualify as a resident, otherwise he would qualify as a non-resident: stay in India during the financial year is 182 days or more; or stay in India during the financial year is 60 days or more and in the four years immediately preceding the financial year is 365 days or more.
However, if she comes to India on a visit and the visit has not been defined under the Indian tax law (but would not include visit for an employment), the 60-day period in the above basic conditions would be substituted for 182 days. If any of the additional conditions mentioned below are not met, then the individual would qualify as a not ordinarily resident, otherwise would qualify as an ordinarily resident: resident in India in 9 of 10 financial years preceding the relevant financial year; or stay in the 7 years preceding the relevant financial year is 729 days in total or more.
Only if you qualify as an ordinarily resident, you would have to declare your foreign assets in your Indian tax return.
If disclosure is not made, the individual may be liable to action under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.
With regards to a non-resident Indian, what does income accrued in India mean?
In simple terms, any income which is sourced from India is considered as income accrued in India.
This broadly covers the following types of income: income accruing directly or indirectly through or from any business connection in India (i.e., income that is generated through business operations carried out in India); income accruing through or from any property in India; income accruing through any asset located in India; income accruing through transfer of any capital asset situated in India;►income accruing from services rendered in India; or income accruing in any other manner whose source is India.
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