Expatriate Taxation Services

An expatriate is a person residing in a country temporarily or permanently which is different from his or her residence country/home country. This term is mainly applicable on the professionals sent by the companies to their foreign subsidiaries or associated enterprises. In other words, an expatriate is a person who resides in a country other than the home country for a specific period. In case, foreign expatriate is working in India, the salary or remuneration received by him in India is considered as his or her earnings of India, if it is payable as salary on the basis of services rendered by him as per section 9(1)(ii) of the income tax act. It means that an income earned as a salary for services rendered by foreign expatriate will be regarded as income earned in India. He is liable to tax on the salary paid for the services rendered by him in India.

When an expatriate is sent to some other country, the agreement is formed in such a way that full tax burden is on the company not on the expatriate. For example – Suppose a Chinese expatriate sent to India, than the income tax burden will be on Indian concern and not on the expatriate employee. For ex – If the salary given to expatriate is Rs.100 and the tax on the same is Rs.30, tax of Rs.30 will be paid by the company and not by the foreign expatriate. Therefore, the total amount paid to expatriate is Rs.130 (Rs.100 as net salary and Rs.30 as tax) which has to be paid on salary by an individual. Maximum rate of deduction is 30% and education cess is 3%. Therefore, the total tax levied is 30.9%. Expatriate tax is always bear by the company. If a person is resident of one country but receives income from another country, there are chances that a person can be taxed in both the countries.

1. He/she is a resident of one country receiving deriving income from another country
2. He/she is resident of two countries & each state taxed the individual on the basis of worldwide income.