USA Income - Tax Treatment

Q & A Forum › Category: Tax Planning › USA Income – Tax Treatment

panchamda1964 asked 5 years ago

Hi, I am US citizen residing in India. For FY 2020-21(AY 2021-22), I will be filing my taxes as RESIDENT ORDINARY RESIDENT(ROR). As a result my USA income will be taxable. In April, 2020 and Jan 2021, I received monetary RELIEF payment by US government as a RELIEF measure to all US citizens due to Corona virus pandemic. These payments came as income tax refund thru IRS (Internal Revenue Service) which is equivalent of CBDT in India. These payments will not be considered as income of taxpayer in USA by IRS. My question is how this payment will be treated by CBDT?? If CBDT considers this as income then I will show this as income while filing my return for AY 2021-22. But if CBDT would NOT consider it as income like US govt., then I will not add this with my income for AY 2021-22. Please help. P. Sharma

3 Answers

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Sreekanth Staff answered 5 years ago

Dear Mr Sharma, Request you to kindly consult a CA in this regard.
In my opinion, this income may not be taxable in India as well. Related article : What is Double Taxation Avoidance Agreement (DTAA)? | Is Income earned outside India Taxable?

panchamda1964 replied 5 years ago

Thanks Sreekanth for prompt response and guidance.

Warm regards.

P. Sharma

panchamda1964 replied 5 years ago

I was wondering if these relief payments by US govt. would qualify for EXEMPT income under section 10(10BC) which reads as under;

Compensation received in case of any disaster [Section 10(10BC) ]
Any amount received from the Central Government or State Government or a Local Authority by an individual or his legal heirs as compensation on account of any disaster is exempt from tax. However, no deduction is available in respect of the amount received or receivable to the extent such individual or his legal heirs has been allowed a deduction under the Act on account of loss or damage caused due to such disaster. Disaster here means any disaster due to any natural or man-made causes or by accident/negligence which results in substantial loss of human life or damage to property or environment and the magnitude of such disaster is beyond coping capacity of community of the affected area.

Thanks for considering this option for your expert opinion.

Warm regards.

P. Sharma

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Sreekanth Staff answered 5 years ago

Dear Mr Sharma, Makes sense! But this amount is not paid our Central/State govt. We need to find the relevant notice from CBDT in this regard.

panchamda1964 replied 5 years ago

Thanks Dear Sreekanth for your time and answering my query.

It will be hard for me to find a notice from CBDT especially I am totally naive about Indian taxation system. I do not even know where they post such notices or clarifications. But this much I know that when I approached CIT in my local area he was also clueless about my query.

Thank you much for enlightening me and helping me out.

May God bless you.

Warm regards.
P. Sharma

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Sreekanth Staff answered 5 years ago

Dear Mr Sharma, I am sure, CBDT will give clarity on this in due course (in case if they havent yet issued any cicurlar). Do kindly consult a CA when you file your ITR for AY 2021-22. We can find Circulars in this link..