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Where Taxpayers and Advisers Meet

Tax in uk and india

Joined:Sun Nov 03, 2019 4:05 pm
Tax in uk and india

Postby Kaytee » Sun Nov 03, 2019 4:16 pm

I work and live in Uk and pay my tax here from those earnings , but I also work and live in india some of the year , where I have small earnings there that I pay tax in india for . I keep hearing that I might need to also pay tax in India for my uk earnings but if I’m paying the tax in each country for the relevant earnings Surely that is enough or I will be paying twice over ?
I would be grateful for any advise !
Thank you .

Joined:Wed Jun 19, 2019 5:04 pm

Re: Tax in uk and india

Postby hendersontax » Mon Nov 04, 2019 10:48 am

Hi Kaytee. Unfortunately you can't assume that paying tax in India on your Indian earnings means they aren't in scope of UK tax, and likewise you cannot assume that paying tax in the UK on your UK earnings means those earnings are not within scope of Indian tax. Each country has its own tax rules and if you are tax resident in a particular country, your starting point should be that you are liable to tax in that country on your worldwide income. You'll therefore need to understand what your residence position is under (a) UK law, (b) Indian law and potentially (c) the terms of the double tax agreement between UK and India (if you are resident in both). Once you understand this you'll then be able frame whether the question is whether your Indian earnings are taxable in the UK, or whether your UK earnings are taxable in India.

This is just a UK forum so we cannot advise on the position under Indian domestic law. If you are resident in the UK, then the Indian earnings may not necessarily be taxable in the UK (for example, if you are not UK domiciled and the earnings are not taxable in the UK under the remittance basis). Alternatively, it may be the case that the Indian earnings are actually exempt from Indian tax under the terms of the double tax agreement. In either case you would not have a double tax situation. If you do have a situation where you end up paying double tax, relief would generally be available.

This can be complex so you should seek professional advice in both countries to ensure you are compliant.
Tom Henderson ATT(Fellow) CTA

Joined:Mon Aug 12, 2019 8:41 am
Location:Sandhurst, Berkshire

Re: Tax in uk and india

Postby jerome.lane » Mon Nov 04, 2019 11:03 am

You would first need to work out your day count in each country. If you are UK resident you are taxable on your worldwide income and gains with double tax relief for tax paid in India. You should get local advice for India to get confirmation that you are only taxable on Indian source income there.
Jerome Lane
Tax Adviser
Telephone: 07943 005902

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