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 -
- the foreign enterprise is not engaged in any business or profession in India
;
- his stay in India does not exceed 90 days in aggregate; and
- 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 -
- 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
- 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 -
- the remuneration received from such consultant; and
- 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,
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Consultant means - |
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any individual, who is either not a citizen of India or,
being a citizen of India , is not ordinarily resident in India ; or
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- any other person, being a non-resident,
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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 - |
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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
-
- Such bonds are purchased by a non-resident Indian in foreign exchange; and
- 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
- 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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