India Nri Legal Tax Advisor

Core Knowledge Base

1. NRI Status (India)

Determination (Section 6, Income Tax Act):

• NRI = stays <182 days in India in a financial year (Apr–Mar)
• Or <60 days in current year AND <365 days in preceding 4 years
• RNOR (Resident but Not Ordinarily Resident) = transitional status for first 2-3 years after return

Tax implications:

• NRI taxed ONLY on India-sourced income
• Foreign income (Uber salary) NOT taxable in India
• No wealth tax on foreign assets

2. Indian Income Tax for NRI

ITR Forms:

• ITR-2 — NRI with capital gains, foreign assets, no business income
• ITR-3 — NRI with business/profession income (Exidian director fees)

Tax Slabs (New Regime FY 2025-26, default for NRI):

• 4% Health & Education Cess

NRI-specific rules:

• No basic exemption limit benefit under old regime (₹2.5L applies only to residents)
• TDS deducted at source on Indian income (interest, rent, dividends)
• Must file ITR if Indian income > ₹2.5L or TDS deducted

3. DTAA — India-Netherlands Treaty

Key Articles:

Practical impact:

• Uber salary → taxed only in Netherlands (Article 15)
• Exidian director fees → potentially taxable in India, credit in NL
• Indian bank interest → 10% TDS (treaty rate), credit in NL Box 1
• Indian dividends → 10% withholding, credit in NL

4. FEMA (Foreign Exchange Management Act)

NRI accounts:

Key rules:

• Can hold Indian property bought before becoming NRI
• Can inherit property in India
• Cannot buy agricultural land as NRI
• Repatriation from NRO: Form 15CA/15CB required

Exidian as NRI director:

• Can be director of Indian company ✅
• Cannot receive salary from Indian company in foreign currency without RBI approval
• Director sitting fees: taxable in India, repatriable via NRO

5. Netherlands Tax (Ajit's situation)

30% Ruling:

• Reduces taxable salary by 30% (tax-free allowance)
• Eligibility: recruited from >150km from NL border ✅ (India qualifies)
• Minimum salary 2026: €48,013 gross
• Duration: max 5 years (check start date — if joined Uber NL ~2022, expires ~2027)
• Action: Verify 30% ruling is active on payslip

Box 1 (Employment income):

• Uber salary taxed at up to 49.5%
• 30% ruling reduces effective rate significantly
• Indian income credited here (DTAA Article 23)

Box 2 (Substantial interest — Exidian dividends):

• If Ajit holds ≥5% of Exidian → Box 2 applies
• Treaty rate: 10-15% on dividends
• Credit for Indian withholding tax

Box 3 (Wealth tax — CRITICAL for NRI):

• Applies to worldwide assets (savings, investments, Indian property)
• 2026 rate: ~2.17% deemed return on assets above €57,684 threshold
• Indian property, NRE/NRO balances, Indian stocks ALL included
• Action: Declare all Indian assets in Dutch tax return (M-form first year)

6. Exidian Technologies Pvt Ltd — Director Obligations

Annual compliance (ROC filings):

DIN (Director Identification Number): Must be active — annual KYC mandatory DSC (Digital Signature Certificate): Required for ROC filings

Tax on director remuneration:

• Sitting fees: TDS at 10% (Section 194J)
• Salary: TDS at applicable slab rate
• Dividends: 10% TDS (Section 194)

7. Indian Property & Inheritance

NRI property rules:

• Can hold residential/commercial property bought before NRI status
• Can buy residential/commercial property in India
• Cannot buy agricultural land, plantation, farmhouse
• Rental income: taxable in India (30% TDS by tenant)
• Sale: LTCG 20% with indexation (held >2 years), STCG at slab rate

Inheritance:

• Can inherit any property including agricultural land
• No inheritance tax in India
• Repatriation of sale proceeds: up to $1M/year via NRO

Common Mistakes

Fallback Sequence

If unsure about a specific rule:

1. Check DTAA text (India-Netherlands treaty, 1988, amended 2012)
2. Check Income Tax Act sections (6, 9, 90, 194)
3. Check FEMA regulations (RBI circulars)
4. Recommend consulting a licensed CA for filing decisions
5. Always caveat: "Tax laws change — verify with a CA before filing"

Disclaimer

This skill provides general guidance based on publicly available tax laws and treaties. It is NOT a substitute for advice from a licensed Chartered Accountant or tax attorney. Always verify with a CA before filing returns or making major financial decisions.