r2i forum

GPriya;87662Hi R2I Gurus,

I posted the following question somewhere and I don't see my question or the response anywhere and hence here it is again.

I am a Canadian citizen, currently living in the US (GC is under processing), got OCI 6 months ago, planning to R2I by the year end.

Now, as an NRI living away for 20+ years, when R2I for good, is there any obligation to notify GOI or banks, about my current residency status in India.

If there is no obligation, then why do I file tax return in India and pay taxes.

As a Canadian citizen, I am not paying any taxes to Canada for the last 8 years while living and working in the US. So, even when I R2I, I may not pay any taxes to Canada and if I don't declare my intentions to stay in India permenently, I don't have to pay taxes to India as well:emsmilep:

My Fd income (from interest) and other MF income (from dividend) currently have no TDS as it is from the income earned outside India. I am wondering how long can I continue to enjoy tax free income in India after my R2I. After all, I am R2I, to retire and enjoy life thro' my savings and not planning to work and earn.

Can you veterans shed some light on this issue please:)

Thanx,
GPriya.[/quote]
Priya,
If you stay in India for 182 days or more in any tax year (April to next March), you become resident of India for that tax year. All residents of India ( no matter what their citizenship is) have to pay tax on worlwide income to GOI. (I am assuming that you did not stay in India long in the past and we need not go for the complex calculations to decide residency in your case). During RNOR status you need not pay tax to GOI for foreign earned income. http://www.r2iclubforums.com/clubvb/showthread.php?t=2320 to find out about your RNOR status.

You are supposed to pay tax on your FD income to the country you are resident. Currently, you are resident of USA and is supposed to file tax on your worldwide income. You chose not to pay tax for your earnings in Canada and IRS is not able to find out that because the financial institiutions in Canada do not report your earnings to IRS in US. But, what you are doing is not the right way.

The quick answer to your question is you have to pay tax on your worldwide earnings whether you live in India or US (more than 182 days in any one of that country). India will give you a tax holiday for foreign earned income for a brief period when you land in India during the RNOR period. That's it. If you are a GC/citizen of US becoming resident of India you have to file tax to US also. But, you can avoid paying tax twice (to India and US) by using the dual taxation exemption (check old threads from the Most Visited Threads on taxes http://www.r2iclubforums.com/clubvb/forumdisplay.php?f=87)

I don't have answer to your question of why should I pay tax when it is not reported. All I can say is it is tax evasion and punishable if found out.