CBDT clarification on new deeming provision (Resident in India), proposed in Finance Bill 2020

CBDT clarification on new deeming provision (Resident in India), proposed in Finance Bill 2020

CBDT clarifies new deeming provision pertaining to residence/ tax liability in India, as proposed in Finance Bill/ Budget 2020 (i.e. an Indian citizen shall be deemed to be resident in India, if he is not liable to be taxed in any other country/ jurisdiction). The same shall not apply to any income earned by a person outside India unless it is derived from an Indian business or profession.

Clarification on new deeming provision (Resident in India), proposed in Finance Bill 2020: CBDT Press Release dt. 2nd February 2020

CBDT issues clarification on the new provision pertaining to residence in India

The Finance Bill, 2020 has proposed that an Indian citizen shall be deemed to be resident in India, if he is not liable to be taxed in any country or jurisdiction. This is an anti-abuse provision since it is noticed that some Indian citizens shift their stay in low or no tax jurisdiction to avoid payment of tax in India.

The new provision is not intended to include in tax net those Indian citizens who are bonafide workers in other countries. In some section of the media the new provision is being interpreted to create an impression that those Indians who are bonafide workers in other countries, including in Middle East, and who are not liable to tax in these countries will be taxed in India on the income that they have earned there. This interpretation is not correct.

In order to avoid any misinterpretation, it is clarified that in case of an Indian citizen who becomes deemed resident of India under this proposed provision, income earned outside India by him shall not be taxed in India unless it is derived from an Indian business or profession. Necessary clarification, if required, shall be incorporated in the relevant provision of the law.

One Response

  1. Shivanand Gaitonde

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