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Foreign income and NRI taxation

Residential status decides everything else. Get that right and the rest of the return follows; get it wrong and you have declared either too much or too little.

Whether foreign income is taxable in India at all turns on residential status, and that is a day-count question with conditions that have changed in recent years — including the deemed-resident rule and the not-ordinarily-resident category that sits between the two. It is not the same as your visa, your passport, or where your salary is credited.

Once status is settled, two things follow: whether foreign income and assets have to be reported, and whether a treaty reduces the Indian tax on them. Schedule FA disclosure is the part people miss, and the consequence of missing it is out of proportion to the sums involved.

What we handle

  • Residential status determination with a documented day-count working
  • Resident, non-resident and not-ordinarily-resident treatment of each income stream
  • Foreign salary, rental income, dividends, interest and capital gains
  • Employer stock — RSUs, ESOPs and stock purchase plans, at vest and at sale
  • Schedule FA disclosure of foreign bank accounts, custodial accounts, equity and property
  • DTAA relief, tax residency certificates and Form 10F, with Form 67 for foreign tax credit
  • NRI returns — India-sourced rent, interest, capital gains and property sale
  • TDS on sale of property by a non-resident, and lower deduction certificates under section 197
  • Repatriation of funds, with Form 15CA and Form 15CB certification
  • NRO and NRE account questions where they touch the return

What you supply

  • Passport pages covering the year, for the day count
  • Foreign income statements — salary slips, year-end tax documents, broker statements
  • Foreign bank account statements for the full year
  • Details of any foreign property, equity or custodial account held at any time in the year
  • Tax residency certificate and Form 10F, where a treaty benefit is claimed
  • Proof of foreign tax paid, for foreign tax credit
  • Indian income documents — rent agreements, interest certificates, sale deeds

Send the passport stamps even if you are confident of your status. The day count is the one thing an assessing officer will check first, and it is easier to prove now than later.

How the engagement runs

Status first, then the return

STEP 01

Status established

Day count worked out from travel records, and your category for the year confirmed in writing.

STEP 02

Income mapped

Each stream placed as taxable, exempt or treaty-relieved, and the reporting schedules identified.

STEP 03

Relief claimed

Foreign tax credit computed and Form 67 filed, with treaty documentation in place.

STEP 04

Filed and repatriation supported

Return filed, and 15CA/15CB issued where funds are moving out.

Before you call

Questions we are asked about this

I am an NRI. Do I have to file a return in India?

If you have India-sourced income above the exemption limit, or you want a refund of TDS already deducted on rent, interest or a property sale, then yes. Many NRIs are filing purely to recover TDS that was deducted at a rate far above their actual liability.

What is Schedule FA and does it apply to me?

It is the disclosure of foreign assets and accounts held during the year, and it applies to residents — including foreign bank accounts, shares, custodial accounts and property, whether or not they generated income. The penalty for omission is fixed and severe rather than proportionate to the amount, which is why it deserves attention.

Can I avoid being taxed twice on the same income?

Usually, through the treaty between India and the other country — either by exemption or by credit for the foreign tax paid. Claiming it requires a tax residency certificate, Form 10F and Form 67 filed before the return, not afterwards.

Does an NRE account make my income tax-free?

Interest on an NRE account is exempt while you qualify as a non-resident. Once your status changes, the exemption stops — which is exactly the year people tend to miss.

Tell us how many days you spent in India

You do not have to know the name of the form. Describe the situation and we will identify the filing, the authority and the realistic timeline before you pay anything.

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