55. Filing Income tax in India for
Rental Income
I purchased a flat in August 2008. I am an OCI holder with
US citizenship. I have a rent of 20000 Rupees Total by Dec
2008. I have reported this income on my US tax returns
My accountant in India, is charging me 5000Rs and insists
that I have to file tax return in India inspire of the low
income, because I purchased the flat. All the money for
the flat is paid from overseas and I have submitted and
got Reserve Bank of India clearance.
Since I am well below the threshold of 180000 Rs, Do I
have to file Indian Income Taxes this year ?
Thanks for your help
Meera Nayyar
Answer: Ask your accountant about provision u/s 115 G of
the I T Act which is shown below)
115G. It shall not be necessary for a non-resident Indian to
furnish under sub-section (1) of section 139 a return of his
income if
(a) his total income in respect of which he is assessable
under this Act during the previous year consisted only of
investment income or income by way of long-term capital
gains or both; and
(b) the tax deductible at source under the provisions of
Chapter XVII-B has been deducted from such income.
Many people even if they do not have any taxable income
file taxes in India to get a refund of the TDS deducted. I
would imagine many people don't file taxes and are not
interested in getting back any tax deducted from the rent.
As far as I am informed it is the responsibility of the tenant
to deduct TDS from rent before paying rent to the
landlord.
Clarify matters with your accountant in India or seek the
opinion of another qualified accountant.
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