Ans.
For NRs, certain incomes,
although falling within the scope of total income of the individual, may still
be exempt from tax. Such income has been specified under provisions of the Act.
List of such incomes are as follows:
i. Interest earned on NRE a/c provided such person is “resident
outside India” as per FEMA or permitted by RBI to maintain such a/c;
ii. Interest paid to NR or to RNOR on foreign currency
deposits, i.e., FCNR and RFC deposits. The exemption for interest on RFC a/c
and FCNR a/c continues till such time as the a/c holder continues to be RNOR;
iii. Interest paid to NR or to RNOR on deposit made on
or after April 1, 2005, in Offshore Banking Unit;
iv. Interest paid to NR by unit located in
International Finance Services Centre in respect of monies borrowed by said
unit from NR on or after September 1, 2019;
v. Any
sum received (Including bonus) under life insurance policy/Unit Linked
Insurance policies (ULIP(s)) upon maturity of policy, pre-mature withdrawal is
Exempt provided;
- For
a policy that was issued on or after April 1, 2003 but on or before March 31,
2012 and the yearly premium does not exceed 20% of the sum assured.
- For
a policy issued after April 1, 2012, the yearly premium does not exceed 10% of
the sum assured;
- Any
sum received on death or for any sum received under life insurance policy
issued before 1 April 2003 is exempt even if the premium payment exceeds the
threshold prescribed above.
- According
to Finance Act, 2021, any ULIP purchased on/after February 1, 2021,
qualifies for tax exemption if
- the
annual premium for any financial year (FY) does not exceed 20%/10%/15%,
as applicable of the sum assured and
- the
total premium paid in any financial year does not exceed Rs. 2,50,000/-.However, in case of the policyholder’s death, the death
benefit will be entirely tax-exempt
- According to Finance Act, 2023, any life insurance policies other than ULIP issued on or after April 1, 2023, the tax exemption is available if-
- the annual premium
for any FY does not exceed 20%/10%/15%, as applicable of the sum assured; and
- Annual premium payable for any year during the term of
policy does not exceeds Rs. 5 lakhs. If the premium is payable by a person for more
than one life insurance policy, the exemption shall be available only for
those life insurance policies (other than ULIPs), where the aggregate amount of
premium does not exceed Rs. 5 lakhs in any FY during the term of any of those
policies
However, in case of
the policyholder’s death, the death benefit will be entirely tax-exempt
vi. If
eligible foreign currency Bonds or Global Depository Receipts (GDR) of Indian
Company issued under GDR schemes or rupee denominated bond of an Indian Company
(issued outside India) is transferred outside India, by one NR to another NR,
then capital gains arising on such transfer are exempt from income tax;
vii. Transfer of Government security carrying periodic
payment of interest made outside India by a NR to another NR;
viii. Remuneration received by Foreign Diplomats /
Consulate and their staff (subject to certain conditions);
ix. Royalty or fees received by a NR for technical
services rendered in or outside India to the National Technical Research
Organization;
x. Remuneration received by NR, not being a citizen of
India, as employee of a foreign enterprise for services rendered by him during
his stay in India, if:
- Foreign enterprise
is not engaged in any trade or business in India;
- His stay in India
does not exceed in aggregate a period of 90 days in such previous year; and
- Such remuneration
is not liable to be deducted from the income of employer chargeable under this
Act.
xi. Salary received by a NR, not being a citizen of
India, for services rendered in connection with his employment on a foreign
ship if his total stay in India does not exceed 90 days in the previous FY;
xii. Remuneration
received by an Individual, who is not a citizen of India, as an employee of the
Government of a foreign state during his stay in India in connection with his
training in any Government Office/Statutory Undertaking, etc.
xiii. In case of sale of units of an Equity Oriented Fund
or a Business Trust, being a long-term capital asset, first Rs.1,25,000/- (Note 1) of gains arise on such sale
shall be exempted provided that Securities Transaction Tax (STT) has been paid
on sale of such units;
xiv. In case of sale of equity shares, being a long-term
capital asset, first Rs.1,25,000/- (Note
1) of gains arise on such sale shall be exempted provided that STT has been
paid on sale. Further, if the said shares are purchased after October 1, 2004
then STT is required to be paid on purchase also, subject to certain
exceptions.
xv. Income of minor child included in income of parent
is exempt from tax up to Rs. 1,500/- per minor child. However, no such
exemption shall be available if individual opts for offering income to tax under
the new regime. Refer to Chapter on Tax
liability in India for taxability under the new regime.