My husband and I are in the process of moving to India for an 18 month assignment. He will have an employment visa. It looks like I will have the Entry (x) visa. My employer in the US is interested in my continuing to work remotely from India. My concern is the visa status. I know the Entry (x) says no employment, but does remote work for a US company count? Does it make a difference if it is structures as full-time employment or project/contract work? I will be there long enough to establish residency and so would be happy to file and pay income taxes. I can't seem to find this addressed anywhere (other than one thread that suggests just not telling anyone, but I want to do this legally).
#2 May 27th, 2018, 07:22
- Join Date:
- Jan 2010
- London (UK) (Current) & Pali Hill, Bombay (IN)
Quote:I have read and taken into account your posts in the other thread:
Activities allowed on a spouse visa - X Visa?
I am not a taxation specialist nor a tax lawyer but I have lived in India for extended periods at a time (sometimes over six months at a time, sometimes many years at any one time) whilst working for a UK company which has paid me in the UK whilst I have worked online from my Bombay base. Sometimes I have been the owner of the UK company, but that is not relevant here. I have been in India on a 5-year multi-entry long-term 'X' visa which does not allow me local employment.
It is totally legal to do so, and since all work is for the foreign entity and all remuneration is handled offshore, there is nil Indian taxation. I know that you have had contrary advice in the other thread, but I respectfully differ with that take after taking into account my professional advice.
My opinion, supported by my and my associates' experience, is that you could be a permanent employee or a contractor for the foreign entity, but if you are paid overseas then there are nil Indian taxation implications.
However, once you have established Indian residency for tax purposes, you may have to revisit this and I would recommend that you then seek professional advice, but at least as far as the UK and India are concerned, my income has fallen within the remit of dual taxation treaties. Likewise, due to the treaty, my Indian income is treated separately by UK's HMRC (Her Majesty's Revenue & Customs).
I don't know the IRS (Internal Revenue Service - The US tax authority) rules, but I understand that they take into consideration global income. So do seek professional advice with respect to US tax and double taxation implications.
So work your merry backside off! And welcome to IndiaMike, mollye
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