Expatriate Taxation

With the globalization of business operations of the multinational groups, employees of these multinational groups also become global, not remaining within the boundaries of one country. These employees, often referred to as ‘Expatriates’ are mobilized into other countries in order to optimize their potential. With this, the concept of ‘Expatriate Taxation’ emerged. 

India has been the preferred investment destination for multinational groups for the purpose of the expansion of its business operations given its market potential. With this, there is also a substantial increase in the number of employees or expatriates coming to India for short or long-term assignments. The purpose of these assignments may vary from sharing of technical prowess to implementation of new projects etc. 

The mobilization of these employees or expatriates often poses significant tax and regulatory risks before these multinational groups, and this necessitates adequate preparation and planning in respect of tax and regulatory framework in India. 

The income earned in India by these employees or expatriates is taxable in India and after three or four years of their first arrival, the global income of these employees or expatriates may be liable to tax in India along with the reporting of all the assets and liabilities owned or held by employees or expatriates whether in India or outside India. Therefore, it is important for these employees or expatriates to understand the expatriate taxation aspects of the income arising from employment. This necessitates the need for planning at the initial stage itself. 

Our team of professionals assists multinational groups in the mobilization of their resources by devising strategies as per the needs of the groups in an efficient and regulatory compliant manner. 

How ASC help?

• Planning and advisory on the structure of the assignment based on the specific needs of the companies;
• Planning and advisory on a suitable structure so that the risks related to the permanent establishment and base erosion profit shifting can be addressed;
• Review of secondment contracts and other compliance requirements
• Assisting companies in applying for visa/work permits for their expatriates in India; 
• Advisory on the secondment agreements and cost recharges for such agreements, both from the withholding and transfer pricing perspective;
• Briefing expatriate taxation service from their arrival into India till completion of the assignment, on various issues;
• Advising on various exemptions/benefits that may be available under the tax laws and provisions of the Double Taxation Avoidance Agreement;
• Advising expatriates on their eligibility to claim foreign tax credits and the nature of documents required for claiming such tax credits from tax laws perspective;
• Assisting companies for obtaining registrations from the tax and other authorities;
• Monthly computation of withholding tax of the employees and other social security contributions like provident fund etc.;
• Filing return of income of the expatriates in India;
• Obtaining a no-objection certificate from the Indian Tax Authorities for the expatriates on their departure from India;
• Representation before the tax authorities in case the return of income is selected for audit/scrutiny and litigation support up to the Supreme Court.