Here's 4 things we tell all our clients who plan to move outside India
A thread 🧵
1. Can Recent Immigrant continue to hold Indian Assets?
All kind of assets in India such as properties, bank deposits, stocks and securities, life insurance policies, loans, company deposits, debentures, bonds etc. acquired, held or owned by an individual...
while he/she was in India can be continued to be so held and dealt in any manner even after the individual leaves India for permanent settlement.
2. What shall be the impact on Indian Assets:
💰Resident Savings Bank Account:
Designate the Resident Savings Bank Account to Non-resident Ordinary (NRO) Bank Account
💰Resident Current Account:
Designate the Current Account to NRO Bank Account
💰Resident Fixed Deposit (FD):
Designate the Resident FD to NRO FD. Further it is to be noted that, depending on Bank’s policy and procedures, FD may be directly designated to NRO FD or may be pre-matured and then open new NRO FD.
💰 Shares, Debentures, Bonds, Units of Mutual Funds, etc.:
A Recent Immigrant is required to inform all the companies, funds etc. as to change of his/her residential status from Resident to non- resident.
Note:
- NRO Bank Accounts can be opened in the form of Savings, Current, Recurring, Fixed Deposit Accounts.
- Recent Immigrant have an option to open and maintain NRE a/c and FCNR a/c only after becoming a NRI.
3. Business in India:
RBI has given general permission to NRIs to invest on non-repatriation basis by way of capital contribution in any proprietary or partnership concern engaged in any industrial, commercial or trading activity in India subject to FEMA provisions.
4. Other Transactions:
Any receipt or payment of funds from / to Residents should be in accordance with the provisions of FEMA, i.e.
- Providing guarantee to any person
- Taking loans from any person
- Acquisition or transfer of shares and securities
- Granting loans
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Individual, HUF and Partnership resident in India.
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Turnover Limit & Eligible professions
Professionals mentioned below, whose total gross receipts are less than INR 50 lakh in a year can avail benefit of the presumptive taxation scheme.
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First thing you need to understand is that Income Tax and GST are 2 completely different Acts and tax different things. Let's illustrate quickly with a simplified example.
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Example - GST v Income Tax
Mr. India earns INR 1 crore by selling services to Indian parties. This is professional income for Mr. India. GST on these services applies at 18%.
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Here's a thread on why Section 44AD is a nightmare for F&O traders:
Do I need to get a tax audit done for losses from Futures and Options?
Unfortunately, the short answer is yes. The devil, however, is in the detail.
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What is Section 44AD?
Section 44AD is the presumptive taxation scheme for businesses.
A resident individual or partnership firm can opt for the presumptive taxation scheme on business income. They can declare 6% (or 8%) of their total receipts as Income from business.
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Why does Section 44AD affect F&O transactions?
First up, it's important to note that futures and options (F&O) transactions are treated as business income under the Income tax act.