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Can tax default during business visa cause issues in employment visa


19-Jul-2023 (In Tax Law)
I am an American working for a Dubai based firm. I came to Mumbai to work with our team here in December of 2015 on a business visa. I have since then spent most of the past 8 months in India, with a number of trips back and forth between here and Dubai. In FY16, I spent less than 182 days inside of India, and thus was not a tax resident during that fiscal year. My company is now looking to hire me locally (in India) on an employment visa and are concerned that the misuse of a business visa will cause issues and could potentially result in the firm being fined. Can you please advise?
Answers (1)

Answer #1
575 votes
Dear Sir/ Madam,

So far as I understand your query, it does not strictly relates to "taxation", it relates to immigration laws and employment laws in India. Request you to kindly connect with the Indian consulate in Dubai for details on visa requirements for employment in India. As regards taxation, you correctly highlighted that by working for more than 182 in India, you will attract Income tax on your income at the prescribed rate. For detailed opinion on Income tax, please send in a detailed query with relevant facts.

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