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Taxability - employee of USAID, Income Tax

Issue Id: - 870
Dated: 13-8-2008
By:- L. K. Gupta

Taxability - employee of USAID


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Greetings, What is the taxability of an employee of USAID working in India? My client says that it is exempt from tax. But there is no exemption provided in the Income Tax Act. I am also not able to find put any Act passed by Indian Parliament on this. {{there is a special Act for UN salaries - United Nations (Privileges and Immunities) Act, 1947}}. PLEASE GUIDE ME.

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1 Dated: 22-8-2008
By:- Surender Gupta

It is a technical issue and I think beyond the scope of general discussion forum. However, I believe that if you did not find any exemption under section 10 or other related provisions of the Income Tax Act, 1961 on the one side, and no reference in the related DTAA, you have to refer to the basic provisions of Income Tax Act and if taxable in India on the basis of accrue or arise or deemed to accrue or arise, you may advise your client to pay tax (or to deduct TDS) in India.


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