India

What tax rules apply to a US Citizen working in India for 6 months while being on US payroll?

My employer is sending me to India for 6 months. I will be traveling multiple countries during that time but will alway be returning to India (company-provided guesthouse). I will be given a daily per diem while away from US and all travel expenses will be paid for by the company.

At the end of 6 months, I will return to my home in California. During my stint in Asia, I will continue to maintain my home in CA and bear all related expenses.

Are there any issues that need to be considered from a taxation perspective from both US and Indian law? Is there a certain period beyond which my company cannot continue to pay me in US dollars into my US account and I must pay taxes in India?

If my company temporarily decides that it might be better to transfer me over as an Indian employee and pay me my US-equivalent salary in Rupees, does this make matters better or worse?

As a side-note, I am a PIO (Person of Indian Origin) card holder and so do not need a visa to enter India…

You are US citizen. If you work in India for a US company and get paid by the US company in USA, then nothing will change and you will file as usual. You won’t be paying any taxes in India and need not report anything in India.

If you get paid in India by a company registered in India, on your pay in India you will pay taxes in India. You will also have to add this income on line 1 of your Form 1040. Then you will fill Form 1116 to claim Foreign Tax credit on line 47 of Form 1040.

If your stay in India is for a longer duration than you can claim Foreign Earned Income exclusion up to around $85,000.
For more information read IRS publication 54: Tax Guide for U.S. Citizens and Resident Aliens Abroad.

5 Minute 25 Khabarein (12/09/2011)

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