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Indian Tax Law for NRI - Physical stay 60 days or 45 days ?

Posted: Wed Aug 01, 2012 11:20 am
by Acura03
Hi ,

I am an Indian Citizen, US Green card holder, US employee (on US Payroll).
I am visiting India for 52 days and during my trip I will be working at our company's subsidiary in India for 5 days.
I am not planning for any other trip during the current financial year (Apr 2012 - Mar 2013).

Do you think I should be paying Income tax and provident fund contributions for my stay ?
I was told there is a 45 day 'Physical presence' law that will require me to pay the tax here (also in US).
I was under the impression that I need to pay taxes if my physical stay is greater than 60 days.

Appreciate your answer and any links from Income Tax dept website that can help me to justify my position.
I don't want my stay to cause any problems for me or my company in the long run.

Thanks - Acura03.
PS : I tried looking thru the sticky threads but most of them are old (dated back to 2007). Hence posting a new thread.

Indian Tax Law for NRI - Physical stay 60 days or 45 days ?

Posted: Mon Oct 01, 2018 4:18 pm
by sjc2pnq
Check it for yourself - https://www.incometaxindia.gov.in/Documents/Left%20Menu/Benefits%20available%20only%20to%20Non%20%20Resident%20Person%20(2).htm


Acura03;468335Hi ,

I am an Indian Citizen, US Green card holder, US employee (on US Payroll).
I am visiting India for 52 days and during my trip I will be working at our company's subsidiary in India for 5 days.
I am not planning for any other trip during the current financial year (Apr 2012 - Mar 2013).

Do you think I should be paying Income tax and provident fund contributions for my stay ?
I was told there is a 45 day 'Physical presence' law that will require me to pay the tax here (also in US).
I was under the impression that I need to pay taxes if my physical stay is greater than 60 days.

Appreciate your answer and any links from Income Tax dept website that can help me to justify my position.
I don't want my stay to cause any problems for me or my company in the long run.

Thanks - Acura03.
PS : I tried looking thru the sticky threads but most of them are old (dated back to 2007). Hence posting a new thread.