Residential status of Indian and Foreign company

The residential status of the company is determined as per section 6(3) of the income tax act 1961. Residential status is important because the determination of income and income tax liability all depend on the residential status. It is a first step that every taxpayer must follow either a resident or non-resident. Indian company An …

Procedure to remittance/transfer of money out of India

There has been substantially increase in foreign remittance since when ecommerce activities and import of goods and services are taking place in huge numbers. Any person making payment to non-resident is liable to deduct tax at source from the payment. The liability is cast on the shoulder of the payer because tax can easily be …

What is Tax Clearance Certificate?

Income tax act requires that before leaving India a person should pay all taxes on the income earned in India my means of business, Profession and by employment. The section 230 of the income tax act specifically requires the person to get tax clearance certificate from the income tax officer before leaving India. Earlier section …

Salary earned in Japan will not be taxable in India on receipt basis

Facts of the case: The assessee is an individual. He is a former employee of Motorola India. During May, 2000, the assessee joined Motorola Japan as the Managing Director and he was working with Motorola Japan until April, 2006. He was transferred to Motorola Japan from Motorola India as part of intra group transfer. During …

Taxability of Export Commission paid to Non-resident

Taxability of Export Commission paid to Non-resident has always been a question. It looks non-taxable transaction when commission is paid to a person residing outside India and selling goods of Indian exporter outside India without having significant economic presence in India, however actual position is not as simple as we think. We need to look …

Guiding Principles for determination of Place of Effective Management (POEM) of a Company.

Section 6(3) of the Income-tax Act, 1961 (the Act), prior to its amendment by the Finance Act, 2015, provided that a company is said to be resident in India in any previous year, if it is an Indian company or if during that year, the control and management of its affairs is situated wholly in …

What is Form 15CA and 15CB?

The person responsible for paying to a non-resident, not being a company, or to a foreign company, any sum, whether or not chargeable under the provisions of this Act, shall furnish the information relating to payment of such sum, in such form and manner, as may be prescribed Rule 37BB defines the manner to furnish …