Ernst & Young have recently come out with a booklet that provides a summary of regulations, which may be of interest to expatriates coming to work in India The fact sheets in "Working in India", have been designed to help expatriates understand India\'s tax and applicable regulatory provisions. Although this document provides a summary of issues, which may be of interest to expatriates coming to work in India, the information provided here should not be considered as a substitute for professional advice. On their arrival in India, the expatriates should seek professional guidance on tax implications, compliances and other relevant issues relating to the Indian assignment.

1. Working in India

3. Contents
Introduction 3
Residency in India 4
Tax treatment of employee compensation 5
Income tax rates and tax compliance requirements 6
Social security 7
Wealth tax 8
Banking and remittance facilities for expatriates 9
Special remittance provisions 10
Visa and registration requirements for expatriates 11
PIO card and dual citizenship 12
Departure compliances 12
Personal baggage rules 13
Working in India 1

4. 2 Working in India

5. Introduction
When you talk numbers, it is difficult to get bigger than this. India is the world’s largest democracy,
with a population of more than 1 billion. From the Himalayas in the north to the Indian Ocean in the
south, the Arabian Sea in the west to the Bay of Bengal in the east, the country is spread over 3.29
million square kilometer.
People speak more than 844 languages, while 23 of them are official. They follow varied customs
and even more diverse traditions. India is representative of different faiths and is the birthplace of
Hinduism, Buddhism, Jainism and Sikhism.
The country’s enduring institutions are rooted in the principles of democracy and justice. It’s
a union of 28 federal states and 7 centrally administered union territories. The government is
parliamentary, based on universal adult franchise.
Similar to the British model, there are two houses — an upper house called the Rajya Sabha and the
lower house called the Lok Sabha.
The attached fact sheets have been designed to help expatriates understand India’s tax and
applicable regulatory provisions. Although, this document provides a summary of issues, which may
be of interest to expatriates coming to work in India, the information provided here should not be
considered as a substitute for professional advice. On their arrival in India, the expatriates should
seek professional guidance on tax implications, compliances and other relevant issues relating to
the Indian assignment.
The attached fact sheets are correct to the best of our knowledge and belief as on 16 April 2009. However, the fact sheets are intended as a
general guide only. Specific advice should be sought before acting on information contained in the fact sheets.
Working in India 3

6. Residency in India 1
An expatriate’s Indian income tax liability is inextricably linked to Under the rules of residence, an individual
his residential status. According to the tax laws, an individual is
considered to be a tax resident if he is present in India for:
could be either a resident; or resident and not
• 182 days or more in a tax year (Indian tax year extends from ordinarily resident; or non-resident.
1 April to 31 March), or
• 60 days or more in a tax year and 365 days or more during
the preceding 4 tax years If an individual does not satisfy both these additional conditions,
he is classified as a ROR. A ROR is taxed on his worldwide
The 60 days may be extended to 182 days in certain cases. income, whereas a RNOR and non-resident are taxed merely on
The number of days for which an expatriate is physically present the income sourced in India or income received in India.
in India in a particular tax year and in prior tax years determines Depending upon the residential status, the following income is
his residential status in India for that year. subject to tax in India:
Non-resident
Income accruing/ Income
Income received
The above-mentioned conditions are termed as the basic Residential arising in India or accruing
or deemed to be
status deemed to accrue/ or arising
conditions of residency. If neither of these two basic conditions received in India
arise in India outside India
are satisfied, the individual is classified as a non-resident (NR).
NR P P
Taking the classification further, there are two kinds of
RNOR P P
tax residents:
ROR P P P
• Resident and not ordinarily resident (RNOR); and
• Resident and ordinarily resident (ROR)
A resident individual who satisfies either of the additional Salary for services rendered in India is deemed to be India-
conditions mentioned below, shall be classified as a RNOR: sourced income and hence, is taxable irrespective of where
the salary is received and the expatriate’s residential status.
• The individual has been a non-resident in India in 9 out of the
However, a safe harbour may be available under the Indian tax
preceding 10 tax years, or
laws or the Double Tax Avoidance Agreement (DTAA) between
• The individual has been in India for 729 days or less during India and the home country if certain conditions are satisfied. A
the preceding 7 tax years DTAA will apply in case its provisions are more beneficial than
the Indian Income tax laws.
Typically, expatriates who are assigned to India for the first
time would qualify as RNOR for the first 2-3 years of their stay
The number of days for in India.
which an expatriate is
physically present in India in
a particular tax year and in
prior tax years determines
the residential status in
India for that year.
1. Income Tax Act, 1961
4 Working in India

7. Tax treatment of employee compensation
All expatriates are taxed on any compensation received for Broadly, the taxability of the typical components of an expatriate
services rendered in India. Compensation would include salary, compensation package is summarized below:
fees, commissions, profits in lieu of or in addition to salary,
advance salary, allowances and benefits in kind.
Taxed on a
Description Taxable on full amount Exempt from tax
concessional value
Base salary P
All allowances other than those specifically
considered below eg living allowance, P
hardship allowance
Bonus or commission/incentive P
Housing allowance P
Rent free accommodation P
Furniture provided by employer P
Temporary Accommodation on transfer P
Utilities (electricity & water, servants) P
Children’s education P
Tax borne by employer* P
Employer provided car with driver P (subject to FBT)**
Reimbursement of specified relocation expenses P (subject to FBT)**
Medical benefits P (subject to FBT)**
Home leave travel P (subject to FBT)**
Fringe benefits tax (FBT) • FBT will be payable on the difference between the Fair
Market Value (FMV) of the securities on the date of vesting
FBT is to be levied on the employer in respect of fringe benefits and the amount recovered from the employee.
provided/deemed to be provided by the employer to his
• For a company not listed on a recognized stock exchange
employee(s). Such fringe benefits are generally not taxable in
in India, the FMV would need to be certified by a Securities
the hands of the employee. The provisions of FBT are equally
and Exchange Board of India (SEBI) registered Category
applicable to foreign companies if they have employees based
1 Merchant Banker in India. For a company listed on a
in India.
recognized stock exchange in India, the FMV will be linked to
the market price of the securities.
Stock incentive schemes2 • The amount subject to FBT will be considered as cost of
Effective 1 April 2007, stock-based income has been brought acquisition for computing capital gains tax in the hands of
under the ambit of FBT. The rules governing the taxation of such the employee at the time of sale of such securities.
income are summarized below: • The employer can recover the FBT from the employees.
• FBT will be levied on the employer with respect to any • The FBT so recovered from the employees, is deemed to
allotment or transfer (directly or indirectly) of any specified be tax paid by the employee and may be eligible for credit
securities or sweat equity shares to its employees (including overseas. However, the availability of credit needs to be
any former employee or employees). confirmed by the home country.
* A specific exemption is granted, subject to certain conditions, in respect of tax borne by the employer on non-monetary benefits provided to an employee.
** FBT — Fringe Benefits Tax — India had introduced FBT payable by employers on prescribed/deemed fringe benefits from the tax year 2005-06. However, for a company
which is not liable to FBT, such benefits provided to the employees will be liable to tax in the hands of the employees as per the personal tax rules. Recently, the ambit of
FBT has been widened to include Stock Based Incentive Schemes.
2. Income Tax Act, 1961
Working in India 5

8. Income tax rates and tax
compliance requirements
Indian tax law requires all employers to deduct tax when
paying salary to their employees and deposit the same with the
authorities within seven days from the last day of the month in
which such payments are made. Any failure on the employer’s
part to do this could attract stringent fines and penalties, in
addition to the taxes not withheld.
The tax rates for the year 2008-09 for an individual are
mentioned below:
Income slabs (INR) Income tax
0 – 150,000 Nil
150,000 – 300,000 10% of income in excess of INR150,000
300,000 – 500,000 INR15,000 plus 20% of income in excess
of INR300,000
500,000 – upwards INR55,000 plus 30% of income in excess
of INR500,000
A surcharge of 10% is levied on the income tax for individuals
where total income exceeds INR1,000,000 in the tax year
2008-09. Further, an education cess of 3% is levied on the
income tax including surcharge in the tax year 2008-09.
For resident women, below the age of 65 years, the minimum
income threshold is INR180,000. For senior citizens the
minimum threshold is INR225,000.
The tax laws offer relief to individuals in the form of certain
deductions from their gross total income. These include
investment in certain tax saving instruments, donations to
charitable organizations etc.
Every individual, whose income is liable to income tax in India, is
required to file a personal return of income, within four months
from the end of the tax year.
Accordingly, the return of income for the tax year 2008-09 is
required to be filed by 31 July 2009. Any delay in filing the
return of income may attract interest and possible penalties.
India follows a system similar to that of the UK’s “Pay as you
earn” scheme where the employer is responsible for deducting
taxes at source from salary payments made to employees.
The expatriate is required to pay ”advance tax” on the income
on which, tax is not withheld by the employer (typically personal
income). The advance tax is payable in three installments due on
or before 15 September, 15 December and 15 March each year.
6 Working in India

9. Social security
Social security taxes/contribution3 e. Social Security Agreements have been signed with Belgium,
France and Germany, but the date of “entry into force” is yet
The Indian Provident Fund (Social Security) Scheme to be notified
f. Every covered employer is required to contribute 24% (12%
a. The Ministry of Labour and Employment has issued a
each of the employer and employee’s share) of the employee’s
notification extending the applicability of the Indian Provident
monthly “pay” towards the Provident and Pension Fund. The
Fund and Pension Scheme Rules to a new category of
employer has an option to recover the employee’s share from
employees called “international workers”
the employee
b. An international worker is defined as “an Indian employee
g. Local employees drawing a monthly salary of INR6,500 or
having worked or going to work in a foreign country with
more are excluded from the purview of this legislation but this
which India has entered a social security agreement and
exclusion of the minimum pay does not apply to international
being eligible to avail the benefits under a social security
workers. Therefore, in case of international workers, the
programme of that country, by virtue of the eligibility gained
contributions to PF are required even if the “monthly pay” of
or going to gain, under the said agreement; an employee,
the employee exceeds INR6,500
other than an Indian employee, holding other than an Indian
passport, working for an establishment in India to which the
Contributions to foreign social security schemes
act applied”
There are no specific provisions for the taxability of
c. A covered establishment is:
overseas Social Security contributions made by the employer
• An establishment employing 20 or more people engaged for the benefit of the foreign national. Specific analysis, basis
in a specified industry or notified by the Central judicial precedents, is required to determine the taxability of
Government from time to time such contributions.
• Any establishment employing even less than 20 people
can opt to be covered voluntarily under the Act
d. Every covered employer will be required to make a
contribution towards Provident and Pension Fund for
international workers employed by it
3. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
Working in India 7

10. Wealth tax 4
Incidence of wealth tax
Wealth tax is
The incidence of wealth tax on an individual depends on both the
residential status and the nationality. A person is taxable in India chargeable for
on his global net wealth, if:
• The individual is a ROR in India (as discussed earlier in this every year in
document), and
• He is an Indian national respect of net
In all other cases, the individual is taxable in India only on assets
located in India. wealth on the
Rate of tax last date of the
Wealth tax is calculated as 1% of net wealth, which exceeds
INR1,500,000 on 31 March of a given tax year. tax year, at the
Assets rate of 1% of the
An individual’s ”wealth” includes:
• Guest house, residential house or commercial building
amount by which
• Cars
• Jewelry, bullion, gold and silver utensils
net wealth exceeds
• Yachts, boats and aircrafts
• Urban land
INR1,500,000
• Cash in excess of INR50,000 (bank fixed deposits
are excluded)
• Specific exemptions are available for some of these assets
Wealth tax return
The due date for filing the wealth tax return is 31 July, that is
within four months from the end of the tax year (31 March). This
is the same as the due date for filing the personal return
of income.
Wealth tax is chargeable for every year in respect of net wealth
on the last date of the tax year, at the rate of 1% of the amount
by which net wealth exceeds INR1,500,000.
4. Wealth Tax Act, 1957
8 Working in India

11. Banking and remittance
facilities for expatriates
5
Under certain General
Over the years, India has liberalized the regulations relating to
circumstances, foreign exchange and remittance of funds from India. However,
for certain specific remittances, prior approvals of the exchange
expatriates can control authorities are still required.
remit their entire Residence
The definition of the term ”resident” as per the exchange
salary received control regulations is different from the definition under the
Income tax regulations. Therefore, although an individual may
in India be a ”resident” as per the Income tax regulations, he may not
necessarily be a ”resident” as per exchange control regulations.
As per the exchange control regulations, a ”resident” means
a person residing in India for more than 182 days during the
course of the preceding financial year, but does not include
a person who has come to or stays in India, in either case,
otherwise than:
• for or on taking up employment in India; or
• for carrying on a business or vocation in India; or
• for any other purpose, in such circumstances as would
indicate his intention to stay in India for an uncertain period.
In a nutshell, an individual would qualify as a non-resident in the
first year of his arrival in India. From the second year onwards,
the following factors shall determine his residency in accordance
with the exchange control regulations:
• Terms of employment
• Nature of work
• Duration of employment in India
A person resident in India is required to take all reasonable steps
to realize and repatriate into India all income accrued or due to
him in foreign exchange, and such foreign exchange realized
is required to be surrendered to an authorized banker in India
within a prescribed time.
Bank accounts and remittance provisions
Foreign nationals can open bank accounts in India to credit their
Indian earnings or receive funds from abroad to meet their
normal living expenses.
Under certain circumstances, expatriates can remit their entire
salary received in India.
5. Foreign Exchange Management Act, 1999
Working in India 9

12. Special remittance
provisions
Under a liberalized remittance scheme A special remittance facility is provided to foreign nationals/
Indian citizens who are resident in India, being employees of a
for resident individuals, which has foreign company on deputation to the office/branch/subsidiary/
been notified, total remittances of joint venture of such foreign company in India. Such employees
have been permitted to open, hold and maintain a foreign
up to USD200,000 per calendar
currency bank account outside India and receive the salary from
year are allowed for permissible the overseas employer in the account, for the services rendered
current-account and permissible to the office/branch/subsidiary/joint venture in India, subject to
the following conditions:
capital-account transactions subject
• the amount credited to such account does not exceed 75% of
to certain exceptions. The scheme the salary accrued to or received from the foreign company,
allows individuals to acquire and • the remaining salary is paid in rupees in India,
hold immovable property or shares, • Indian income tax is paid on the entire salary, as applicable.
maintain foreign-currency accounts or Apart from these, foreign nationals ”not permanently resident in
India” (defined below) can repatriate out of India 100% of their
other assets outside India without RBI net salary for maintenance of close relatives. A person qualifies
approval, subject to the fulfilment of as ”not permanently resident” in India, if he is employed in India:
specified conditions. • for a specified duration (irrespective of the length thereof),
• or for a specific job or assignment (the duration of which
does not exceed three years)
For other residents this amount is limited to USD100,000 per
recipient per year.
A person may continue to hold, own, transfer or invest in
foreign currency, foreign security or any immovable property
situated outside India, if such currency, security or property was
acquired, held or owned when he was a non resident in India.
10 Working in India

13. Visa and registration requirements for expatriates
The Foreign Exchange Regulations also permit the release of Foreign nationals can secure visas to enter India in the
exchange for meeting expenses for medical treatment abroad applicable categories listed below:
upon the estimate of a doctor in India or hospital/doctor abroad.
Foreign Nationals coming to India for employment shall obtain
an Employment visa from their home country. An Employment
Nature of visa Purpose
visa is initially issued for one year being subject to fulfilment of
certain conditions. The visa can be extended in India for another
Employment visa Persons intending to take up employment
year or for the period of the employment contract, whichever is
earlier. The accompanying family members should travel on an
Business visa Visiting India on business visits
Entry visa.
Tourist visa Visiting India for tourism Generally, all foreign nationals holding a visa (other than a
Tourist visa), which is valid for more than 180 days, must
register with the Foreigners’ Regional Registration Office (FRRO)
Student visa Pursuing studies/academic courses
within 14 days from the date of arriving in India. However,
Other purposes not covered elsewhere (including certain visas specify certain “specific endorsements” for
Entry visa which, registration formalities are to be processed accordingly.
accompanying families of foreign nationals)
In cities, which do not have a FRRO office, expatriates must
Persons of Indian Origin who have now obtained
Long term visa register with the local police station.
foreign nationality
Persons interested in learning meditation or The documents typically required for FRRO registration are
Yoga visa
members of missionary organizations as under:
• Copy of passport including Indian visa page
Research visa Pursuit of research in any field
• Two copies of the letter of recommendation on the
letterhead of the Indian entity
Transit visa Travelers passing through the country
• Two copies of the letter of sponsorship on the letterhead of
the Indian entity
Missionary visa Missionaries of registered charitable trusts
• Eight passport size photographs, colored or black and white
Journalist visa Media representatives • Copy of the lease deed of individual’s residential
accommodation in India or if residing in a hotel, a letter from
the hotel
Conference visa Event organizers and visitors
A visa is required for all
foreigners entering India
Working in India 11

14. PIO card and dual Departure compliances
citizenship
A Person of Indian Origin (PIO) card can be obtained by any Before leaving the country, the foreign national, who is not
expatriate who satisfies any of the following conditions: domiciled in India, is required to furnish an undertaking to the
• The individual has held, at any time, an Indian passport, prescribed authority and obtain a No Objection Certificate if he is
in India for business, professional or employment activities. Such
• The individual or any of his parents, grandparents or great-
undertaking must be obtained from the expatriate’s employer or
grandparents were born in and permanently resident in India,
the payer of the income.
• The individual’s spouse is a citizen of India or a person of
Indian origin. This implies that even a foreign spouse of a An exemption from obtaining the No Objection Certificate
citizen of India or of a person of Indian origin may apply for a is granted to foreign tourists or individuals visiting India for
PIO card. purposes other than business or employment, regardless of the
number of days spent by them in India.
PIO card holders are granted certain benefits such as:
For an individual domiciled in India, his permanent account
• The waiver of the requirement to obtain a visa to visit India,
number, the purpose of the visit outside India and the
• Exemption from the requirement of registration if the estimated time period for the stay outside India must be
individual’s stay in India does not exceed 180 days, provided to the authorities. However, such individual may also
• The acquisition, holding, transfer and disposal of immovable be required to obtain a No Objection Certificate in certain
properties in India, and specified circumstances.
• Facilities to obtain admission to educational institutions
in India.
The Indian parliament has passed a bill to allow persons of Indian origin who are also
citizens of one of the 16 listed countries to acquire ”Overseas Citizenship” of India
without surrendering the citizenship of the other country. The benefit of dual citizenship
was recently extended to all persons of Indian origin who migrated from India after
26 January 1950. Overseas citizens of India will be entitled to certain rights and benefits,
as prescribed by the central government.
12 Working in India

15. Personal baggage rules 6
An expatriate is eligible to import into India, bonafide baggage Furthermore, under the relevant rules, there are different
(explained under the Customs Act) which includes personal/ exemption limits for baggage belonging to different classes of
household effects (except certain specified items including, persons coming to India. The classification is based on age,
alcoholic liquor/wines in excess of 2 liter, music system, duration of stay abroad, origin (Indian/foreign), country visited,
color television, etc.) and jewelry up to specified limits, etc. This exemption cannot be pooled with any other passenger.
free of customs duty. This is permitted on a bonafide If the value of the baggage exceeds the exemption limits, then
transfer of residence, subject to the satisfaction of all of duty is calculated on the excess of such amount.
the following conditions:
Even though there is no condition for a minimum period of stay
• The expatriate has lived abroad for a minimum period of in India for a passenger to avail of the concessions on transfer
2 years immediately preceding the date of his arrival in of residence, the benefit is available only in respect of bonafide
India. Short visits made by the expatriate to India during baggage on a transfer of residence. Further, to avail this benefit,
the aforesaid period of 2 years shall be ignored if the total generally, a declaration from the employer of the expatriate to
duration of stay on these visits does not exceed 6 months the effect that his employment is being transferred to India is
over the 2 year period. required to be submitted to the customs authorities.
• The expatriate has not availed transfer of residence benefits
in the preceding 3 years. General consideration
The above conditions shall also apply to unaccompanied
The goods imported by the expatriate should be accompanied
baggage. In case of unaccompanied baggage, it is further
by bills or invoices to facilitate their valuation to levy import
required that the goods should have been in the possession of
duty and to claim duty drawback on their subsequent
the expatriate abroad and shipped within a month of his arrival
re-export. At the time of arrival in India, the expatriate is
to India. The goods may also be received in India up to a period
also required to declare the following lists to the customs
of two months prior to the arrival of the expatriate in India.
authorities at the airport:
Further, all goods imported as bonafide baggage in excess of • List of accompanying baggage
specified limits (except motor vehicles, alcoholic drinks, goods
• List of unaccompanied baggage
imported through courier service) are classifiable under one
heading and are liable to a single rate of effective customs duty
of 36.05%.
Certain specified goods imported as bonafide baggage (for
example, VCR, washing machines, laptop, etc.) are exempt
from the levy of customs duty in cases of bonafide transfer of
residence or upon satisfaction of specified conditions. However,
specified goods (e.g. TV, air conditioners, music systems,
home theatre system, etc.) attract effective customs duty at a
concessional rate of 15.45% ad valorem, subject to satisfaction
of certain conditions.
6. Customs Act, 1962
Working in India 13

16. 14 Working in India

17. Useful websites to visit:
• www.rbi.org.in — for Foreign Exchange and
Control Regulations
• www.mha.nic.in/fore_division.htm — for visa related
Information
• www.incredibleindia.org — for information on Indian
tourism
• www.timesofindia.indiatimes.com/ — for news updates
around the globe
• www.banknetindia.com/banklinks.htm — for Directory
of Bank Websites
• www.cbec.gov.in — for Baggage rules
Working in India 15

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16 Working in India

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