Overview

What this area handles

An individual's Indian tax position begins with residential status under Section 6 of the Income-tax Act, 1961, including the deemed residence and resident-but-not-ordinarily-resident categories. We compute status on day counts and the source of income, then determine what India can tax. Treaty analysis follows where two countries claim the same income. That covers tie-breaker tests, relief under Sections 90 and 91, and the tax residency certificate and Form 10F. Recurring work includes return filing and capital gains on Indian shares and property. A property sale by a non-resident attracts withholding under Section 195, and buyers often deduct at the wrong rate. A certificate under Section 197 settles the rate in advance. Repatriation is handled through Form 15CA and 15CB, with the FEMA route documented. The source may be an NRO account, a property sale, or an inheritance. We also cover the foreign asset disclosure schedules that apply once a person becomes resident. Omitting them carries a consequence under the Black Money Act, 2015. Rental income from Indian property held by a non-resident is handled in the same return. Where returns were not filed in earlier years, we assess the correction route available.

Scope

What this covers

8 lines of work
01
Residential status determination under Section 6
02
Treaty analysis, tie-breaker tests, and relief under Sections 90 and 91
03
Return filing for non-residents and returning residents
04
Capital gains on Indian shares, mutual funds, and immovable property
05
Lower withholding certificate under Section 197 on a property sale
06
Repatriation documentation: Form 15CA, Form 15CB, and the FEMA route
07
Foreign asset disclosure schedules for returning residents
08
Rental income, NRO and NRE account, and inheritance-related filings
Audience

Who this is for

3 segments

NRIs & Global-Income Individuals

Residential status determination, DTAA positions on foreign salary and capital gains, repatriation under FEMA, and Form 15CA and 15CB certification.

Family Offices & Promoter Groups

Holding structures across operating and investment entities, succession and trust arrangements, and governance for families that hold assets in several names.

Multinational Subsidiaries & India Entry

Subsidiary, branch, and liaison office setup, FEMA compliance, FDI and ODI reporting, and transfer pricing documentation for related-party transactions.

Legislation

Statutes and regulations engaged

5 references
01
Income-tax Act, 1961 โ€” Sections 6, 90, 195, and 197
02
Foreign Exchange Management Act, 1999
03
FEM (Deposit) Regulations, 2016
04
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
05
Double Taxation Avoidance Agreements notified under Section 90
Questions

Typical questions we are asked

4 examples
01

I moved abroad in the middle of the year. Am I a resident for this year?

02

The buyer of my flat wants to deduct tax at more than twenty percent. Is that correct?

03

How much can I repatriate from my NRO account, and what paperwork is needed?

04

I am returning to India. When do my foreign accounts become reportable?

Related work

Related practice areas

3 areas
07

Direct Taxation

Corporate and personal income tax positions, returns, withholding, and departmental representation.

03

Cross-Border & India-Entry Advisory

Entity choice, setup, and FEMA reporting for inbound and outbound structures.

02

Business Advisory & Structuring

Entity choice, group structure, shareholder terms, and the tax consequence of each.

See the full list of practice areas for every area the firm handles.

Discuss NRI Taxation

Describe the position you are in and the decision in front of you. You will hear back from the person who would handle the file.

Location Hyderabad, Telangana
Availability Mon โ€“ Sat, by appointment
Enquiries Contact page