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Exempted Income

Certain exempted income of a non-resident



Interest income of non-resident [Sec. 10(4)/(4B)]

  • Interest on specified securities or bonds (i.e., 4% National Defence Loan, 1968 or 4% National Defence Loan, 1972), including premium on redemption of such bonds is exempted in the hands of a non-resident [Sec. 10(4)(i)]
    It is to be noted that no securities or bonds shall be specified on or after 1-6-2002 .
  • Interest on Non-Resident (External) Account in any bank in India to a person who is a resident outside India (as per Foreign Exchange Regulation Act, 1973) or who has been permitted by RBI to maintain such account [Sec. 10(4)(ii)]

  • Interest on notified savings certificates (i.e., National Savings Certificate VI Issue and National Savings Certificate VII Issue ) issued before 1-6-2002 by the Central Government to a non-resident, being a citizen of India or a person of Indian origin [Sec. 10(4B)]
    Subscription in such certificates shall be made in convertible foreign exchange remitted from a country outside India .

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Remuneration to person who is not a citizen of India [Sec. 10(6)]

Following remuneration to an individual who is not a citizen of India shall be exempt: 

  • Remuneration received by him as an official of an embassy, high commission, legation, commission, consulate, or the trade representation of a foreign state or as a staff of any of these officials provided corresponding Indian officials in that foreign country enjoy similar exemptions in their country. However, they are not engaged in any other business or profession in India . [Sec. 10(6)(ii)]

  • Remuneration received as an employee of a foreign enterprise for services rendered by him during his stay in India provided -
    1. the foreign enterprise is not engaged in any business or profession in India ;
    2. his stay in India does not exceed 90 days in aggregate; and
    3. such remuneration is not liable to be deducted from the income of the employer under this Act - Sec. 10(6)(vi)

  • Remuneration for services rendered in connection with his employment on a foreign ship provided his total stay in India does not exceed 90 days in the previous year [Sec. 10(6)(viii)]

  • Remuneration received as an employee of the Government of a foreign State during his stay in India in connection with his training in any undertaking owned by Government, Government company, subsidiary of a Government company, corporation established by any Central, State or Provincial Act and any society wholly financed by the Central or State Government - Sec. 10(6)(xi)

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Tax paid on income of a non-resident or a foreign company [Sec. 10(6B)]

Tax paid by Government or Indian concern in respect of the income (other than salary, royalty or fees for technical service) of a non-resident assessee (other than a company) or of a foreign company by virtue of an agreement entered into before 1-6-2002 by the Central Government with the Government of a foreign State or an international organisation.

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Remuneration received by non-resident consultant or employee or family member of such consultant [Sec. 10(8A), (8B) & (9)]

  • Following income of a consultant are exempt from tax -
    1. any remuneration or fee received by him or it out of the funds made available to an international organisation [hereafter referred as the agency] under a technical assistance grant agreement between the agency and the Government of a foreign State; and
    2. any other income which accrues or arises to him or it outside India , and is not deemed to accrue or arise in India , in respect of which such consultant is required to pay any income or social security tax to the Government of the country of his or its origin.
  • Income, being -
    1. the remuneration received from such consultant; and
    2. any other income of such individual which accrues or arises outside India, and is not deemed to accrue or arise in India, in respect of which such individual is required to pay any income or social security tax to the country of his origin,
      of an individual, who -
      - is an employee of the consultant;
      - is either not a citizen of India or, being a citizen of India , is not ordinarily resident in India ;&
      - has entered into a contract of service which is approved by the prescribed authority before the commencement of his service,
  • Income of family member of an individual (who is accompanying him to India) as referred above which accrues or arises outside India and which is not deemed to accrue or arise in India provided such member is required to pay any income or social security tax to the Government of that foreign State or to country of origin of such member.

Consultant means -

  • any individual, who is either not a citizen of India or, being a citizen of India , is not ordinarily resident in India ; or
  • any other person, being a non-resident,

Engaged by the agency for rendering technical services in India in connection with any technical assistance programme or project, provided the following conditions are fulfilled -

  • the technical assistance is in accordance with an agreement entered into by the Central Government and the agency; and
  • the agreement relating to the engagement of the consultant is approved by the prescribed authority for the purposes of this clause.

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Interest on securities [Sec. 10(15)(iid)]

Interest on specified bonds to -

  • a non-resident Indian, being an individual owning the bonds; or
  • any individual owning the bonds by virtue of being a nominee or survivor of the non-resident Indian; or
  • any individual to whom the bonds have been gifted by the non-resident Indian

    Such exemption is available if following conditions are satisfied -
    1. Such bonds are purchased by a non-resident Indian in foreign exchange; and
    2. The interest and principal received in respect of such bonds, whether on their maturity or otherwise, is not allowable to be taken out of India .

Notes

  • Specified bonds are:
- NRI Bonds, 1988 issued by the State Bank of India

- NRI Bonds (Second Series), issued by the State Bank of India

  • Where the bonds are encashed in any previous year prior to its maturity, the interest of that previous year is not exempt.

  • Where an individual, who is a non-resident Indian in the previous year in which the bonds were acquired, becomes a resident in India in any subsequent year, the provisions shall continue to apply in relation to such individual.

  • Central Government shall not specify any Bonds on or after 1-6-2002

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