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I am a resident of India and currently in UK for 1 year on a work permit where I am getting salary in Pounds. My Indian salary has stopped till the time I am back in India.

Now, I have a Home Loan running with HDFC bank in India for which I have to transfer money to my HDFC account every month and I am not sure if sending money to my account in HDFC via Western Union will be taxable in India? I mean do I have to pay tax for that when I file my return next year ?

I am already paying tax in UK on my UK salary. Please suggest.

thanks in advance

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The taxability of you earnings in UK is not dependent on whether you transfer the funds to India or not. It is dependent on whether for the given financial year you are NRI for tax purposes.

At a broad level, If you have stayed for more than 182 days in India for a given financial year 1st April to next 31st March. Then your entire Global income is taxable in India. The tax paid in UK can be offset in India under the Double Tax Avoidance Treaty.

The best way to transfer money into India would be to use an NRE/NRO Account. This has the advantage of paperwork to establish that funds have arrived from outside. If you transfer your funds into savings, you have to keep a proper paper trail to show the source of funds as outside of India.

Elaborating:
If in the financial year from April 13 to March 14, if you have stayed in India for more than say 182 days, i.e. Assume you went to UK on 1st January 2014. Then the salary for the month of Jan/Feb/Mar 2014 that you got in UK is TAXABLE in India. It does not matter whether you transfer the money to India or keep it in UK.This cannot be avoided.

Say you are continuing to stay in UK and may return in Dec 14, In the financial year from April 14 to March 15, you have stayed less than 182 days and hence an NRI. The Salary you have earned from April 14 to Dec 14 in UK is tax free in India. i.e. It does not matter whether you get the entire funds into India or keep in UK. This is NOT taxable.

You can pretty well get the funds into HDFC Savings or any savings account without any tax liability. If the Bank / Income Tax authority ask you source of funds, you have to establish that this was income earned outside of India during you period as NRI. If you transfer it into NRE account, it means funds can only come from outside of India into these account and hence it is better from paperwork point of view.

Please do not mix taxability of funds to transfer of funds. The understanding that you will be taxed only if you transfer funds is Incorrect.

  • What if I do not have a NRE account at the moment and can't get it open whilst in UK ? Any other way I can still save the money like if I transfer money in my parents' accounts instead of my account ? – Prateek Sep 27 '14 at 7:04
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    @Prateek You are missing the point. The tax liability is NOT dependent on whether you transfer the money or NOT. You can transfer to your Savings account as well or the account of your parents. – Dheer Sep 27 '14 at 13:26
  • thanks for your response. I am not sure if I still understand this. Could you help sharing in simple terms, How to send money to my savings account / any other account in order to avoid paying double tax (India + UK). I do not have a NRE account and want to send money to India in my savings account and also save tax in India as I am already paying in UK. Thanks for your understanding. – Prateek Sep 28 '14 at 19:34

protected by Chris W. Rea Nov 2 '16 at 19:23

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