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Double taxation in Hong Kong and India?
01-Jul-2023 (In Tax Law)
I am an Indian citizen that works for a company in Hong Kong. I have recently moved back to India but continue working remotely for the same employer. I also continue drawing my salary in my Hong Kong bank account. I pay the applicable income tax in Hong Kong. This financial year, I won’t be able to maintain my NRI status as I’ll have to spend most of my time in India. Will I also be liable to income tax in India? My research tells me there is a double tax avoidance agreement between India and Hong Kong?
You will qualify as a resident in India under the Income Tax Act, 1961 if you have been in India during the previous year for a period of 182 days or more.
Depending upon the nature of your business, the income earned by you, though from a place outside India, may be taxable in India if earned through a business connection in India. However since you have paid income tax in Hong Kong, and there is indeed a DTAA between India and Hong Kong, your liability, if any, will depend upon the nature of your work and the income earned/accrued therefrom.
You may contact me personally and provide me with the necessary details and I will advise you accordingly.
Depending upon the nature of your business, the income earned by you, though from a place outside India, may be taxable in India if earned through a business connection in India. However since you have paid income tax in Hong Kong, and there is indeed a DTAA between India and Hong Kong, your liability, if any, will depend upon the nature of your work and the income earned/accrued therefrom.
You may contact me personally and provide me with the necessary details and I will advise you accordingly.
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