Description
Taxmann Publications Taxation of Expatriate Employees & Regulatory Aspects May 2021 by Ashish Karundia
This book provides a comprehensive commentary to understand & comply with the taxation and regulatory aspect of the cross-border movement of employees, that results in secondment. As with any cross-border arrangement, multiple complex laws are involved, this book serves as a primer to understand these complexities and related compliances.
The discussion in this book starts with determining who is the employer of the expatriate, which is important to identify the correct laws to be complied with. This book aims at providing the reader, an insight into implications that typically arise in secondment arrangement(s), under various Indian laws in the hands of the expatriate & company, such as:
Expatriate
Immigration Laws
Personal Income Tax
Custom Baggage Rules
Company
Social Security Laws
Exchange Control Laws
Corporate Income Tax
Transfer Pricing
Goods & Services Tax
Corporate Law
The Present Publication is the 2nd Edition, authored by Ashish Karundia, with the following noteworthy features:
[Explains Situs of Accrual of Salary], i.e. place of enforcement of employment contract or place of the rendering of services
[Social Security Deduction] Discusses taxability as well as deductibility of contribution to overseas social security contribution in the hands of the employee
[Disputed Salary Ingredients] Captures detailed analysis of disputed salary ingredients such as:
Per-Diem/Per-Day Allowance
Tax Equalization
Hypothetical Tax
Employee Stock Option Plan(s)
[Short Stay Exemption] Explains the conditions for short stay exemption and related issues
[Employment Visa vs. Business Visa] Points out the difference between employment visa and business visa
Explains various clauses such as detachment, exportability and totalization of social security agreements
[Meaning of Resident] Lucidly explains the difference between ‘resident’ as per income-tax and ‘resident’ as per FEMA
[Deemed International Transactions] Explains whether secondment agreement will qualify as deemed international transaction or not
[Case Laws] for deciding the employer employee relationship.
Explains situations when fixed establishment (GST) of the foreign entity is triggered
The detailed contents of the book are as follows:
Introduction
Overview
Employer-Employee Relationship
Implications in the Hands of Employee
Immigration Laws
Personal Income Tax
Custom Baggage Rules
Implications in the Hands of Company
Social Security Laws
Exchange Control Laws
Corporate Income Tax
Transfer Pricing
Goods and Services Tax
Corporate Law
About the author
Ashish Karundia
Ashish Karundia is a practicing chartered accountant having a post qualification experience of about 10 years. His expertise lies in interpreting various laws and inter-connecting learning’s across the varied subjects to give a 360 degree view of the issues before him. He has experience in indirect taxes, viz., sales tax/VAT and GST; direct taxes and still more on the international tax and tax treaties. He has advised clients on complex issues of treaty interpretation such as permanent establishment, secondment, royalty, fees for technical/included services etc..
He has authored a number of articles at various professional fora. His work received highest recognition when he was quoted in Equalization Levy Report issued by the E-Commerce Committee set up by the Government of India. His book on Permanent Establishment is very well received by professionals and tax administrators equally including Authority for Advance Rulings – Income Tax.
He is also an eminent member of Tax Treaty Group headed by Mr. Ned Shelton addressing treaty issues arising worldwide. He has been nominated as India’s Country Reporter for 2019 IFA London Congress.