All the Indians who are living in a foreign country and working there are worried mostly about the tax laws applicable to them in India. It is also applicable to those people who have an Overseas Citizenship of India. Also, it is necessary for individuals to file their ITRs on time to avoid any legal actions against them in the country. If you are an OCI, then you must know all the details about the taxation rules for OCIs in India.
In this blog, we have discussed the steps to file an ITR for the OCIs on their Indian Income. We have also mentioned the income tax slab rates for them according to their income. You can also know the way to claim the relief from double taxation for OCIs and many other tax exemptions.
The OCI is a status for immigration introduced by the government of India in 2005 under the Citizenship Amendment Act of 1955. It is a unique citizenship that is provided to some of the individuals of Indian origin. It was introduced by the government because the Indians who shift to foreign countries demand dual citizenship.
The Person of Indian Origin (PIO) is a person who has migrated from Indian to a foreign country, except for Pakistan and Bangladesh. Under a specific category, they can apply for the OCI cards. The OCI cards are not similar to dual citizenship as they do not offer the political rights to their holders, and they also have a few limitations.
Nowadays, the Income tax return can only be filed online by using the Income tax portals for all taxpayers, including OCI cardholders. Here are the steps that you can follow to file an ITR:
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Consult an Expert TodayFor all the OCIs, the foreign income and the interest earned on that income are exempted from taxation in India if deposited in an NRI account (rupee-denominated). Only the income that is earned from indian sources will be taxable in India for the OCIs/PIOs and non-resident Indians.
To know your residential status in India, you need to calculate the number of days you have stayed in India in a financial year. The residential status of the OCIs helps in determining whether they are eligible to pay tax in India or not in that particular financial year.
Here is the list of exemptions allowed by the Income Tax Department:
Here are the tax slabs for OCI in India:
| Taxable Income (INR) | Tax Rate (%) |
|---|---|
| Less than 2.5 lakhs | Nil |
| Between 2.5 lakhs and 5 lakhs | 5 |
| Between 5 lakhs and 10 lakhs | 20 |
| Above 10 lakhs | 30 |
| Exceeding Income | Surcharge Rate (%) |
|---|---|
| If taxable income is more than INR 50 lakhs | 10 |
| If taxable income is more than INR 1 crore | 15 |
| If taxable income is more than INR 2 crores | 25 |
| If taxable income is more than INR 5 crores | 37 |
India has signed a Double Taxation Avoidance Agreement (DTAA) with many of several countries. It helps them in providing the tax relief to OCI cardholders from paying the taxes twice on the same income, once in their country of residence and their home country.
If the country of residence of an OCI has a DTAA with India, then the taxation will be applied on the OCI income under the Income Tax Act or the provisions of the DTAA, whichever is more beneficial for them.
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Chat NowThere are certain requirements for the OCI taxation in India, and you need to follow all the instructions and the right ITR to avoid any potential penalties. If you are not sure about the ITR forms and face confusion about how to fill the ITR, then you can seek expert guidance from the experts from Visament. They are very experienced, and they provide these services to hundreds of NRIs every week.
You can get affordable prices at Visament for all the NRI services, including Tax filing. The experts are available 24/7 to provide customer assistance, and you can just complete the process from the comfort of your home. You can also get customized services for the NRI as per their requirements. So, contact Visamnet now and get your taxes done in one click.
You need to be a ROR (Resident and Ordinarily Resident) to show your foreign income in your ITRs. You should use ITR-2 or ITR-3, as they have a special schedule for foreign assets and income.
OCI cardholders must file the Income Tax Return in India as non-residents. The requirements and scope of income are determined by their residential status, and they have a different procedure to pay the Income tax.
There are some factors that you need to determine to file an ITR as an NRI. These factors are accurate residential status, gathering relevant financial documents, choosing the right ITR form, and online filing through the official income tax portal.
OCIs don't need to pay more tax in India. Their tax liability is completely determined by their tax residency status. This status is based on the number of days they have stayed in India in the relevant financial year.
If you don't report your foreign income, then it will result in penalties. If you fail to file Form T1135 on time, then you will be fined $25 per day, up to $2500. There can also be a legal action taken against you.
The TDS rates for the OCI cardholders depend on the type of income they earn in India, such as: Salary: taxed as per income tax slab rates Long-term capital gains: 12.5% Short-term capital gains: 30% Interest from NRO FDs/Bank deposits: 30% Rental Incoem: 30% These rates exclude cess and surcharges.
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