BCOC-136 INCOME TAX LAW AND PRACTICE UNIT-3 RESIDENTIAL STATUS AND TAX LIABILITY:

 

BCOC-136 INCOME TAX LAW AND PRACTICE 

UNIT-3 RESIDENTIAL STATUS AND TAX LIABILITY:

The tax liability of a person is determined based on his residence in India in the previous year. The resident status of assessee may not necessarily be the same in each year , he may be resident in one year and a non-resident in the next year.

CATEGORIES OF RESIDENTIAL STATUS:

a. Person who are ordinarily resident in India
b. Person who are not ordinarily resident in India c. Person who are non-residents in India

For the purpose of determining the rules applicable in the regard the assesees are divided in to 4 groups :

  1. Individuals

  2. Non-company plural entities (HUF, firms or other

    association of persons)

  3. Companies

  4. Every other person

RULES FOR DETERMINING THE RESIDENTIAL STATUS:-

1. Individual :-
a. Resident and ordinarily resident: an individual shall

be considered as Resident in India if he shall fulfill at least one basic condition and both additional conditions

         Conditions of Part1 or basic condition:

  • He must be physically present in India for period of 182 dys or more during the relevant previous year or

  • He must be in India for period of 60 days(182days in some special circumstances) or more during the relevant previous year 365 days or more for 4 years immediately preceding the relevant previous year

    Exception to the Basic Conditions:

  • Incase individual being citizen of India ,if leavesIndia

    during previous year as a member of the crew of an Indian ship or for the purpose of employment outside of India , he shall fulfill the basic condition no2 only where he is in India at least 182 days instead of 60 days

  • If the person citizen of India and he is al ready outside of India and comes on a visit during the previous year he shall fulfill the basic condition no2 only when he is in India for at least 182 days instead of 60

    Condition of Part 2 or Additional Conditions:

  • If he has be e resident In India for at. least 2out of the10

    years preceding previous year

  • He has been in India for period of periods amounting in all

    to 730 days or more during 7 previous year preceding the previous year

    1. Not Ordinarily-Resident :
      If an individual satisfies anyone of the two conditions of part1 or Basic condition but doesn
      t satisfy the both condition or fulfill one conditions of Part2 or Additional condition are called Not ordinarily Resident

    2. Non-Resident:

If an Individual does not satisfy anyone of the Basic condition in the previous year .

NON-COMPANY PLURAL ENITIES: HINDU UNDIVIDED FAMILY:

  1. Ordinary Resident:

    • If the control and management of its affairs is wholly

      or partly situated in India in during the previous year

    • If the manager(Karta)resident in Indiain 2outof10

      previous year

    • And manager has during 7years preceding that year

      been in India for a period amounting in all 730 days

      and more

  2. Not Ordinary Resident:

    The manager doesnt satisfy the additional condition

  3. Non- Resident:

    If the management wholly or partly situated in outside of India during previous year

FIRMS AND OTHER ASSOCIATION OF PERSONS:

  1. Resident: in a previous year the control and management wholly or partially situated in India

  2. Non-Resident :- during the previous year the control and management of its affairs wholly or partially situated outside of India

RESIDENT STATUS OF A COMPANY:

A company is resident when
It is an Indian company
The company is foreign company, its Place Of

Effective Management(POEM)in the year in India
A company said to be non-resident in any previous year if:

Its not an Indian company 

POEM not in India

ANY OTHER PERSON:

  1. Resident: in previous year if the control and management of its affairs is partially or wholly situated in India

  2. Non-Resident: in previous year if the control and

    management of its affairs is partially or wholly situated in outside India

SCOPE OF TOTAL INCOME ON THE BASIS OF RESIDENCE;

1. Resident and Ordinarily Resident
- Income received or deemed to be received in India:- Taxable in India, irrespective of whether it accrues or arises in India or elsewhere.
- Income accruing or arising in India: Taxable in India.
- Income accruing or arising outside India:- Taxable in India.

2 Non-Resident
- Income received or deemed to be received in India:- Taxable in India.
- Income accruing or arising in India:- Taxable in India.
- income accruing or arising outside India:- Not taxable in India.

3 Not Ordinarily Resident

- Income received or deemed to be received in India: Taxable in India.
- Income accruing or arising in India: Taxable in India.

- income accruing or arising outside India: Taxable only if derived from a business controlled in or a profession set up in India.

KINDS OF INCOME:

1 Income Received in India
- Any income received in India during the previous year is taxable.
- Receipt of income refers to control over the income, not necessarily cash.
- Non-residents' foreign income is not taxable unless received in India.

.2 Income Deemed to be Received in India
- Pension contributions by central government:- Under section 80CCD.
- Employer contributions to recognized provident fund:- If exceeds 12% of salary.
- Interest credited to recognized provident fund:- If exceeds 9.5% p.a.
- Transferred balances from unrecognized provident funds: Considered received income.

3 Incomes Accruing or Arising in India
- Income is considered received when the right to receive it arises.
- It is taxed based on the method of accounting showing it as profit or gain.

4 Income Deemed to Accrue or Arise in India

- Business connections: Income from business connections in India.
- Property, asset, or source of income:-Income from assets situated in India.

- Interest, royalty, or technical fees:- If paid by the Government, a resident for business purposes, or a non-resident for business carried out in India.

Comments