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Is Expense on Guest House Subject To FBT?

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Excerpt: When a company is providing the Guest House Facility to its employees, rent of which is paid by the company. In this case do the company needs to pay FBT on Guest House Rent OR it will be taxable as Rent Free Accommodation in the hands of the Employee ? baljeet_kv@rediffmail.comAs per section 115WB(2)(k) , the maintenance cost of any guest house comes within purview of FBT @ 20% of such expenditure. CBDT vide Circular No 8 dt 29/8/2005 clarified on Guest House issues as follows:”Will expenditure on capital items (e.g., fridges, TVs) in a guesthouse be liable…

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Does payment to income tax air travel agent for tickets require TDS?

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Excerpt: One of our Company higher authorities frequently visiting to US and other countries, all the the tickets are done thorough one agent. my question is, whether we have to deduct TDS from payment to travel agency: rajchinnan1984@gmail.com Merely ticketing does not require any liability of TDS. CBDT in its circular dated 8/8/1995 clarified on the matter “Question 6 : Whether payment under a contract for carriage of goods or passengers by any mode of transport would include payment made to a travel agent for purchase of a ticket or payment made to a clearing and forwarding agent for carriage of goods…

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When Is Salary of Non Resident Based in USA Not Taxable In India?

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Excerpt: I’m Indian Citizen, & US Green Card holder. Working in USA from Nov 1999 till now. Working for bigger telecommunication company and they have office in India & USA. I took a project in 2005 and required frequent business travel to India. I was travelling during 2005 & 2006 5 to 7 times and have spent around 180 days on each year. But none of my stay was more than 30 days and all are for business trips. I’m getting my salary in US. Do I still have to file Income tax in India? junk_1208@yahoo.comSince you are Indian citizen and…

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One Property & Two Different Rates Of TDS !

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Excerpt: I am a NRI, co-owning an apt with my mother who is a resident Indian. The apt is let to an MNC which plans to pay the rent by 2 cheques of equal amount in my mothers and my name. In this regards1) Does the MNC have to pay TDS and give us cheques of the net amount after deduction2) What is the computation of the tax for the rent? VISHY241@GMAIL.COMSince you are Non Resident and your mother is resident , the MNC has to deduct the tax at two different rates and in two different sections because section…

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Is One Male Member Enough For HUF?

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Excerpt: Whether a person with wife and two daughters only can have HUF?njakhotia@……comWhether only one male member is suffice to form an HUF is now legally well settled as per decision of Supreme Court in case of Gowli Buddana vs CIT (1966) 60 ITR 293 . An HUF is no different than a joint property. The concept of HUF is very simple codified in Hindu law .A Hindu joint family consists of lineally descended persons -like Great Grand father, Grand father ,father,uncle,son etc.All these persons have right over common ancestral property by birth. The dictum that once Hindu undivided family always…

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Is Payment of Admission Fee to ICAI Allowed Dedcution u/s 80C?

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Excerpt: Pl advice on the allowability of Deduction u/s 80C i.r.o fees paid to Institute of Chartered Accountants of India for admission / registration to study CA : svcsindia@gmail.comGood question!Section 80C(xvii) of the I T Act allows deduction for payment of Tuition Fee .The provision is as follows(xvii) as tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), whether at the time of admission or thereafter, (a) to any university, college, school or other educational institution situated within India; (b) for the purpose of full-time education of any of the…

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When Is Global Income of Employee Taxable?

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Excerpt: For the financial year 06-07, I worked for Indian company in India till 15th September 07 and came to USA on 23rd September 06 (i.e. less than 181 days in India).During my Indian employment, my tax was deducted at source. Am I eligible to claim the income tax refund in India for financial year 06-07?Is it possible to claim refund from abroad? onkar100@hotmail.comAs per your question , you are Resident in India for FY 2006-07, therefore your Global income is taxable in India.So, before you claim the Refund of TDS on our salary, you will have to show all your…

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Can A Person Get Exemption u/s 54F If He Purchases More Than One House?

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Excerpt: Is there a limit to the number of residential properties that a person can invest in for claiming exemption u/s 54F?For eg: If a person is selling jewellery (long term), and buying two residential houses. At the time of transfer, the person already owned one residential house. Can he claim exemption u/s 54F for both the houses? maya.nair@…………netNo, the language used in Section 54F makes it clear that a person can not purchase more than one residential house within one year from the date of sale of the asset. Opening lines of Section 54F has used word “a residential house”…

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When Is Indvidual Liable to Dedcut Tax At Source?

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Excerpt: I am an individual assessee paying rental on residential accommodation to an individual assessee. Do I also have to do TDS on the rent paid? If yes, what are the rates thereof? What is the procedure to pay TDS by an individual?gapblore@….co.inI would actually take this opportunity to tell you all the circumstances when an Individual or HUF is responsible for dedcuting tax at source. A) An Individual or Huf who is carrying business is responsible for dedcuting tax only if total turnover of their business or businesses exceeds Rs 40 lacs. If he is involved in profession,…

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What Can Be Done to Reduce TDS on NRI’s Property Sale?

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Excerpt: I am a NRI and I bought a apartment in Bangalore in Feb 2006 for Rs27 lakhs. I spent another 11lakhs for interiors/registration,service tax etc. So I spent a total of about 38lakhs for the apartment.Now I am planning to sell it for 49.25lakhs. What will be my capital gains tax be? The buyer told me that the capital gains tax will be deducted at source(TDS). How is TDS calculated in this scenario?Is there a way to avoid/minimize capital gains tax? PrashanthHad you been Resident in India , there would not have any question of tax at source….

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