1. Foreign Nationals Working in India

2. Foreign Nationals
Working in India
PricewaterhouseCoopers
New Delhi
India
October, 2003

4. This booklet is prepared by PricewaterhouseCoopers to provide foreign nationals going
to work in India with a broad view of tax laws. It reflects the current tax law or practice
in India as at October 2003.
This booklet is not intended as a comprehensive or exhaustive study, but merely as an
explanatory guide. We would strongly recommend readers to seek professional advice
before making any decisions.
For further information, please contact the PricewaterhouseCoopers office in India (See
Appendix D)
© PricewaterhouseCoopers — 2003

6. Contents
Step 1 : Understanding the basic principles
The scope of taxation .......................................................................................................... 1
The tax year ......................................................................................................................... 1
Method of calculating tax ..................................................................................................... 1
Determination of residential status ....................................................................................... 1
Step 2 : Understanding the Indian tax system
The taxation of employment income .................................................................................... 2
Housing ................................................................................................................................ 2
Motor car ............................................................................................................................. 2
Other perquisites .................................................................................................................. 2
Social security and pension plans ......................................................................................... 3
Stock options ........................................................................................................................ 3
Exemptions and deductions .................................................................................................. 3
Obligations of the Employer-regulatory ................................................................................ 3
Obligations of the Employer-tax ........................................................................................... 4
Step 3 : What to do before you arrive in India
Work permits ........................................................................................................................ 4
Step 4 : What to do after you arrive in India
Seek registration with FRRO ................................................................................................. 5
Registration with income tax authorities ............................................................................... 5
Advance tax ......................................................................................................................... 5
Step 5 : What to do at the end of the tax year
Filing of income tax return .................................................................................................. 5
Step 6 : What to do at the time of departure .................................................................................... 5
Step 7 : Other matters requiring consideration
Scope for tax planning .......................................................................................................... 6
Payment of salaries outside India .......................................................................................... 6
Acquisition of immovable property ...................................................................................... 6
Investment in shares/debentures ........................................................................................... 6
Remuneration ceiling ........................................................................................................... 6

7. Appendix A : Income tax slabs for 2003-04 ........................................................................... 7
Appendix B : Illustration of computation of income and tax thereon ...................................... 8
Appendix C : Countries with which India currently has the agreements for avoidance of
double taxation ................................................................................................... 9
Appendix D : PricewaterhouseCoopers offices and contacts .................................................. 10

8. Step 1 : Understanding basic principles
The scope of taxation
1 Tax incidence of an individual solely depends upon his residential status. If an
individual is resident and ordinarily resident, worldwide income of the individual
is liable to tax in India. If an individual is resident but not ordinarily resident,
income received in India or accruing/arising from a source in India or income
derived from a business controlled or profession set up in India is liable to tax in
India. If an individual is considered non- resident, income received in India or
accruing/arising from a source in India is liable to tax in India. There is no special
tax regime for expatriates.
The tax year
2 The Indian tax year commences on 1st April and ends on 31st March of the
succeeding year.
Method of calculating tax
3 Individuals are taxed on a graduated rate basis after certain deductions and
allowances. (See Appendix A)
Determination of residential status
4 Residential status of an individual can be classified as under:
i Resident in India
• Resident and ordinarily resident (ROR), and
• Resident but not ordinarily resident (RNOR).
ii Non-resident in India (NR).
An individual is treated as resident in India if any one of the following conditions
is satisfied:
(a) Stay in India exceeds 182 days or more in any tax year; or
(b) Stay in India exceeds 60 days in the relevant tax year and 365 days in aggre-
gate in the 4 tax years immediately preceding the tax year in which residential
status is determined.
If none of the above conditions are fulfilled, the individual is treated as NR. It is
not essential for the stay in India to be continuous or at the same place.
A resident individual is treated as resident but not ordinarily resident (RNOR) of
India if he satisfies any one of the following conditions:
(i) NR of India in at least 9 out of 10 tax years preceding the tax year in which
residential status is being determined; OR
(ii) Physically present in India for 729 days or less during 7 tax years preceding
the tax year for which residential status is being determined.
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9. A resident individual not satisfying any of the above two [(i) and (ii)] conditions is
treated as ROR.
By practical implication, an expatriate coming to India for the first time may
remain RNOR for first 3 tax years. However, facts and circumstances need to be
analysed for each case for determining the residential status.
Step 2 : Understanding the Indian tax system
The taxation of employment income
5.1 Remuneration income earned by the expatriates for rendering services in India is
deemed to accrue in India irrespective of the place of payment. Salary includes
both cash components and benefits provided to an employee for performing
services in India.
5.2 Cash component of salary is taxable in full but certain benefits like housing and
car are taxable at a value far lower than the actual cost incurred by the employer
for providing these benefits.
Housing
6 Housing is generally taxed at 10% of salary or rent paid for the accommodation
whichever is less. Hotel accommodation is taxable at 24% of salary or amount
paid whichever is less. Cost of meals and laundry expenses are fully taxable.
Accommodation provided in remote area to employees working in mines, project
execution sites etc. is not taxable.
Motor car
7 Motor car provided by employer is taxable at Rs. 1,200/1,600 per month
(depending on the cubic capacity of the car) if the car is available for both official
and personal use of the employee. Provision of chauffeur by the employer is also
concessionally taxed at Rs. 600 per month. In case more than one car is provided
by the employer, one car is taxable at the nominal value but all costs incurred by
the employer for second and subsequent cars are fully taxable.
Other perquisites
8.1 Most of other benefits or amenities (domestic servant, utilities, children education
etc.) provided by the employer are fully taxable on the basis of cost to the
employer. Telephone expenses including mobile phones are not taxable.
8.2 The passage fare paid to the foreign employees for their proceeding on home
leave is fully taxable.
8.3 Reimbursements made by the employer to the employee for, use of club facilities,
credit card expenses etc. are not taxable provided specified documentation is
maintained.
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10. Social security and pension plans
9 India does not have social security law in place. Certain statutes providing for
employees benefits are mandatorily applicable only for employees drawing salary
not more than Rs. 6,500 per month. The tax laws in India do not provide for any
special provision for taxation of contributions, if any, made by the employer
towards social security or other pension/benefit schemes of their home country. A
detailed study of such schemes should be carried out to analyze the point of tax
incidence of contributions made by the employer.
Stock options
10 Income arising under a qualified stock option scheme is taxable only at the time
of sale of shares. However, stock option income arising under an unqualified
stock option scheme is taxable as salary income at the time when the options are
exercised and subsequently as capital gains at the time of sale of shares. A
detailed study of stock option plan should be carried out to analyze the tax
incidence.
Exemptions and deductions
11.1 Remuneration paid to an employee of foreign company who is not citizen of
India for rendering services in India is not taxable if his stay in India does not
exceed 90 days during the tax year and the following conditions are satisfied :
(a) His employer is not engaged in business in India and
(b) Remuneration paid to the individual is not deductible in computing the
taxable profits of the employer in India.
11.2 Tax borne by employer is considered as additional income received by the
employee and the amount is grossed up in the hands of employee except for the
tax liability borne by employer on non-monetary perquisites. However, corporate
tax deduction is not allowed in respect taxes so paid.
11.3 Deduction in respect of interest from Indian bank is allowed subject to maximum
of Rs. 12,000.
11.4 Working women who are resident in India and below 65 years of age are
allowed tax rebate of Rs. 5,000.
11.5 Individuals resident in India and above age of 65 years are allowed tax rebate of
Rs. 15,000.
11.6 A standard deduction of Rs.20,000 is allowed on salary income exceeding
Rs.500,000.
Obligations of the employer-regulatory
12.1 Under the provisions of Foreign Exchange Management Act, Foreign Company
is required to obtain approval from RBI for setting up an office in India. All
Foreign Companies intending to depute their expatriate employees in India must
review their business model to evaluate whether such deputation will tantamount
to setting up an office in India. If that is the case, application must be filed with
RBI before setting up office/deputation of employee.
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11. 12.2 After the office is set up, the Company is required to be registered with the tax
and Company law authorities.
12.3 Representative offices of Foreign Companies operating in India are required to
open and fund bank account in India through the inward remittances brought
from Head Office and meet all the expenses of Indian office from this account.
The local office is required to maintain books of accounts in India and get them
audited on an annual basis.
Obligations of the employer-tax
13.1 Under the provisions of Indian tax laws, the employers are required to deduct
taxes at source from the employees’ salary and deposit the same with the
government treasury on a month to month basis. Delay in depositing taxes
attracts penal interest. As soon as employee commences his assignment, tax
based on estimated income should be calculated and deposited with the
treasury.
13.2 The requirement of deduction and deposit of taxes is applicable in all
circumstances even when the Company has not set up an office in India.
13.3 Payers are required to deduct taxes at prescribed rates while making contractual
payments such as rent, payments to contractors, payment for professional
services, payments to non-residents etc at the specified rates ranging from
1.025% to 20.5% depending on the nature of payments.
13.4 Certain annual reporting obligations have been imposed on the employer :
- To file form 24 annually listing the salary and taxes paid to all the employees.
- To issue form 16 outlining the salary and taxes paid in respect of all employ-
ees working in India on annual basis.
- To issue form 12BA disclosing the benefits paid to all the employees.
- To file certain returns with the tax authorities reporting the payments where
taxes have been deducted at source.
13.5 Under the tax laws, the employers are liable to interest and penalty for short
withholding of taxes. Hence the employers are advised to collect and keep all
the relevant data used for calculating tax withholding.
Step 3 : What to do before you arrive in India
Work permits
14.1 Foreign nationals visiting India for employment must hold a valid employment
visa. The Indian High Commission located in various countries issues visas. There
are no work permit requirements. Business/tourist visas are usually not
convertible into employment visa while in India. There is no separate work
permit requirement in India.
14.2 Current exchange control regulations do not permit the remittance of salary
outside India unless the employees come on an employment visa.
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12. Step 4 : What to do after you arrive in India
Seek registration with FRRO
15.1 Foreign nationals including their family members who intend to stay in India for
more than 180 days have to get themselves registered with the Foreign Regional
Registration Office (FRRO) within 2 weeks of arrival into India. For the purposes
of registration, the persons are required to make an application in the prescribed
form and be present in person at the time of registration. The following
documents are required to be submitted along with application:
- Application form in quadruplicate
- Passport and visa in original
- 4 passport size photographs
- Proof of residence
- Copy of employment contract and undertakings by the employer
15.2 No registration fee is charged by the FRRO for registration of the foreign
nationals.
Registration with income tax authorities
16 Employees are required to seek tax registration (Permanent Account number).
Advance tax
17 In case of ROR ,a foreign national having any income earned outside India other
than salary income, is required to pay advance tax in as follows :
- Before September 15, each year, 30% of total annual tax
- Before December 15, each year, 60% of total annual tax
- Before March 15, each year, 100% of annual tax.
Annual tax for this purpose is annual tax liability as reduced by the tax deduced
at source. Delay or failure to pay taxes in the aforesaid manner attracts payment
of interest.
Step 5 : What to do at the end of the tax year
Filing of income tax return
18 Employee must file a return of income before 31st July of each tax year even if
all the taxes have been deducted at source.
Step 6 : What to do at the time of departure
19 At the time of departure from India, employee is required to furnish with the
Income tax authorities, an undertaking from the employer to the effect that the tax
payable by employee shall be paid by employer. On the basis of said undertaking
income tax authority will grant a “No Objection Certificate” to leave India.
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13. Step 7 : Other matters requiring consideration
Scope for tax planning
20 Professional advice may help to reduce your Indian tax burden and may also save
tax in your home country. It is therefore, important that before coming to India
you seek detailed professional advice on the preparation of your employment
contract.
Payment of salaries outside India
21.1 Foreign nationals/ Indian citizens who are employees of foreign company and on
deputation to India are allowed to hold and maintain a foreign currency account
with a bank outside India and receive salary into his overseas account. However,
such receipt into overseas account must not exceed 75% of the salary received
from the Foreign Company and the remaining salary must be paid in rupees in
India. Any direct payment in excess of 75% of the salary into the overseas
account will require specific prior permission of the RBI.
21.2 Foreign nationals/ Indian citizens can repatriate the entire amount of net salary
(gross salary less Indian taxes and statutory contributions, if any) received in India
directly through their bankers, provided:
- such remittance is for maintenance of close relatives (parents, spouse and
children) abroad, and
- employment is for a specific duration (irrespective of length) or for a specific
job or assignment the duration of which does not exceed 3 years
Acquisition of immovable property
22 Foreign nationals resident in India can acquire immovable property in India but
would require prior permission of RBI to repatriate the sale proceeds of such
property outside India.
Investment in shares/debentures
23 Foreign nationals can invest in shares / convertible debentures of Indian
Companies in accordance with the Foreign Direct Investment laws.
Remuneration ceiling
24 Expatriates seconded to India are sometimes appointed as managing director or
directors of Indian Companies. Under the Indian Companies Act, there are
ceilings on the appointment of and salary paid to managing director or directors
of public Companies. Prior approval is required in case managerial remuneration
is to be paid to such individual beyond the prescribed limits.
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14. Appendix A : Income tax slabs for 2003-04
1. Individual Tax
Residents / Not Ordinary Residents and Non Residents
Income Tax Rate
Upto Rs.50,000 Nil
Rs.50,001 to Rs.60,000 10%
Rs.60,001 to Rs.150,000 20%
Rs.150,001 and above 30%
2. Capital Gains Tax
Particulars Tax rates
Resident Non-residents
Short Term capital assets Normal rates per Normal Rates per
(1) above (1) above
Long term capital assets- 20% (Notes 1) 10%
being listed shares or
securities in an Indian co.
Other long term capital asset 20% 20%
Notes:
1. Short-term capital asset is one, which is held for a period of not more than three years (one year
in case of shares/securities).
2. Surcharge would also be applicable (@ 10% of tax ,in case of individuals whose taxable income
exceeds Rs. 850,000).
3. Indexation of cost of acquisition and improvement of a long-term capital asset of any nature is
available to Residents. However, the benefit of indexation is available to non residents only on
long-term capital assets other than listed shares or securities in an Indian company.
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15. Appendix B: Illustration of computation of income
and tax thereon
Individual - Computation of income
Financial year ending 31st March, 2004
Particulars Amount (Rs.)
Base salary and allowances 1,000,000
Bonus 500,000
1,500,000
Perquisites
Tax borne by the employer 780,540
Rent free accommodation 150,000
Car with driver 26,400
Home Leave 15,000
Total 2,471,940
Less: Standard deduction 20,000
Taxable Income 2,451,940
Tax thereon 709,582
Add: Surcharge @ 10% 70,958
Total tax liability 780,540
Notes:
1. Rent free accommodation
The assessee is entitled for rent-free accommodation. The taxable value of the perquisite is
considered as under :
Amount (Rs.)
Lease rent @ Rs 50,000 per month 600,000
10% of salary 150,000
Lower of 10% of salary or rent paid for accommodation is taxable 150,000
2. Car
Perquisite valued @ Rs. 2200 per month.
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16. Appendix C : Countries with which India currently has the
agreements for avoidance of double taxation.
Australia Morocco
Austria Namibia
Bangladesh Nepal
Belarus Netherlands
Belgium New Zealand
Brazil Norway
Bulgaria Oman
Canada Philippines
China Poland
Cyprus Portugal
Czech Republic Qatar
Denmark Romania
Finland Russia
France Singapore
Germany South Africa
Greece Spain
Hungary Sri Lanka
Indonesia Sweden
Israel Switzerland
Italy Syria
Iran Tanzania
Ireland Thailand
Japan Trinidad & Tobago
Jordan Turkey
Kazakhstan Turkmenistan
Kenya UAE
Korea UAR (Egypt)
Kyrgyzstan USA
Libya UK
Malaysia Ukraine
Malta Uzbekistan
Mauritius Vietnam
Mongolia Zambia
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17. Appendix D: PricewaterhouseCoopers offices and contacts
PricewaterhouseCoopers is currently operating at New Delhi, Mumbai, Kolkatta, Bangalore, Chennai,
Pune and Hyderabad. The firm specializes in business advisory services and provides professional
services to a wide range of clients in both public and private sectors. Our office addresses along with
details regarding contact persons are given below:
NEW DELHI CHENNAI
PricewaterhouseCoopers (P) Ltd. PricewaterhouseCoopers (P) Ltd.
2nd Floor, Sucheta Bhawan, Auras Corporate Centre, 8th Floor
11-A,Vishnu Digambar Marg, 98-A, Dr. Radha Krishnan Salai
New Delhi – 110 002 Mylapore, Chennai - 600 004
Tel: +91-11-2321 0891 Tel: +91-44-28591858/1859/1860
Fax: +91-11-2321 0594/96 Fax: +91-44-28591254
Contact Person: Nityanand Gupta Contact Person: Natesan Sivasubramanian
Email : nityanand.gupta@in.pwc.com Email : natesan.sivasubramanian@in.pwc.com
MUMBAI PUNE
PricewaterhouseCoopers (P) Ltd. PricewaterhouseCoopers (P) Ltd.
Trade World, ‘C’ Wing, 305-307, Century Arcade,
9th FloorKamala Mills Compound 243-244B/2, Narangi Baug Road
Senapati Bapat Marg, Lower Parel Off Bund Garden Road,
Mumbai– 400 013 Pune – 411 001
Tel: +91-22-44960758/59 Tel: +91-20-6123271/3787
Fax: +91-22-495 1928 Fax: +91-20-312 1131
Contact Person: R. D. Hingwala Contact Person: Sandip Mukherjee
Email : r.d.hingwala@in.pwc.com Email : sandeep.mukherjee@in.pwc.com
KOLKATTA HYDERABAD
PricewaterhouseCoopers (P) Ltd. PricewaterhouseCoopers (P) Ltd.
Suite 9, 3rd Floor, 20-A, Park Street 6-3-550, 4th Floor, LB Bhawan
Kolkatta – 700 016 Somajiguda, Hyderabad 500 082
Tel: +91-33-2226/3275/22295784 Tel. : +91-40-5566 6081, 5566 6082
Fax : +91-40-5566 6080
Fax: +91-33-2490759
Contact Person: Ashlesh Ch. Verma
Contact Person: Somnath Ballav
Email : somnath.ballav@in.pwc.com Email : ashlesh.c.verma@in.pwc.com
BANGALORE
PricewaterhouseCoopers (P) Ltd.
10th & 14th Floor, ‘C’ Wing,
Mittal Tower, 47/6 M G Road,
Bangalore – 560 001
Tel: +91-80-558 7239/5550899
Fax: +91-80-559 3792
Contact Person: Indraneel R. Chaudhury
Email : indraneel.r.chaudhury@in.pwc.com
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