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Expatriate Taxation · The Classic Partners LLP

Expatriate Taxation Services for Inbound & Outbound Employees

Residential status, DTAA relief, foreign tax credit, ESOP/RSU taxation and Schedule FA disclosures — Indian tax handled properly for globally mobile employees and the companies that move them.

Quick answer

Expatriate taxation covers the Indian tax affairs of globally mobile employees — foreign nationals working in India and Indian employees on overseas assignments. The work starts with residential status (the 182-day and 60-day tests, RNOR classification, and the deemed-residency rule for citizens with Indian income above ₹15 lakh), then applies DTAA relief with a valid TRC and Form 10F, claims foreign tax credit through Form 67, taxes ESOPs and RSUs correctly at vesting and sale, completes Schedule FA disclosures for ordinarily resident taxpayers, and manages PF obligations for International Workers. We support employees on status, planning and filing — and employers on tax equalization, withholding and secondment structuring.

Who we serve

Cross-border employment, both directions

Expat taxation is decided in the first question — residential status — and almost every downstream number changes with the answer: what income India taxes, which treaty applies, what must be disclosed and what credit is available.

We work both sides of the assignment: the employee's personal position and filings, and the employer's withholding, equalization and documentation — because a mismatch between the two is where notices are born.

  • Foreign nationals on India assignments
  • Indian employees deputed abroad
  • Returning NRIs planning their RNOR years
  • Employees holding foreign RSUs and ESOPs
  • Citizens covered by the ₹15 lakh deemed-residency rule
  • Seafarers and cross-border consultants
  • Employers running tax-equalized assignments
The engagement

What expatriate taxation covers

From day-count to defended return.

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Residential Status & Day Count

The 182-day and 60-day tests, the 120-day rule for high-income visitors, RNOR qualification and deemed residency — established with a documented travel record.

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DTAA Relief & Tie-Breaker

Treaty positions applied with a valid Tax Residency Certificate and Form 10F, including tie-breaker analysis for dual residents.

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Foreign Tax Credit — Form 67

Taxes paid abroad credited against Indian liability, with Form 67 filed within the permitted window and computations documented.

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ESOP / RSU Taxation

Perquisite value taxed correctly at vesting and capital gains at sale — across grants, currencies and split residencies.

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Schedule FA & Disclosure Risk

Foreign accounts, shares and property disclosed on the calendar-year basis the form demands — non-disclosure carries severe Black Money Act penalties.

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Employer-Side Support

Tax equalization policies, Section 192 withholding on cross-border salary, secondment structuring and PF for International Workers.

Key dates

The expat tax calendar

Cross-border positions have paperwork with deadlines of its own.

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31 July — ITR Due Date

Expat individual returns (typically ITR-2) follow the standard 31 July deadline for non-audit cases, unless extended.

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Form 67 — Before AY Ends

Foreign tax credit requires Form 67, which can be filed up to the end of the assessment year — but is safest filed with the return.

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TRC & Form 10F — Before Relief

Treaty benefits need a valid Tax Residency Certificate for the relevant period, supported by Form 10F filed on the portal.

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Schedule FA — Calendar Year

Foreign assets are reported for the calendar year, not the financial year — a mismatch trap we correct in almost every new file.

How we work

Our expatriate taxation process

Status first, then positions, then paper, then defence.

1

Status Assessment

Travel days, assignment letters and prior-year history analysed to fix residential status conclusively.

2

Planning & Positions

DTAA articles, foreign tax credit, salary components and disclosure obligations mapped before filing.

3

Documentation

TRC, Form 10F, Form 67, employer letters and computation working papers compiled and filed.

4

File & Defend

The return filed and verified — with support for any 143(1) adjustment or departmental query that follows.

Why The Classic Partners

Cross-border tax without cross-border confusion

Two tax systems, one coherent position.

Status decided on evidence

Residential status is established from passport stamps and assignment records — not assumed — because everything else depends on it.

RNOR years maximised

Returning NRIs get a short transition window in which foreign income is largely outside Indian tax — we plan around it deliberately.

Credit never left behind

Foreign taxes paid are matched treaty-by-treaty and claimed through Form 67, so double taxation stays theoretical.

Disclosure discipline

Schedule FA is completed fully and on the correct calendar-year basis — the cheapest insurance in Indian tax.

Employer and employee aligned

Payroll withholding and the personal return are prepared to agree with each other, closing the most common notice trigger.

Connected services

Expat files often need ITR-2 filing, TDS coordination and notice replies — all handled by the same team.

FAQs

Expatriate taxation questions answered

The questions every assignment briefing raises.

Primarily by day count: 182 days or more in India in the financial year makes you resident; so does 60 days in the year plus 365 days over the preceding four years. Visiting Indian citizens and PIOs get a relaxed 182-day threshold — reduced to 120 days where Indian income exceeds ₹15 lakh. Status is then refined into ordinarily resident or RNOR.
Resident but Not Ordinarily Resident is a transition status — broadly for those who were non-resident in 9 of the last 10 years or spent 729 days or less in India over the last 7. RNORs are taxed on Indian income, but foreign income stays outside Indian tax unless it arises from a business controlled from India. For returning NRIs, these 2-3 years are a planning window.
Through the applicable DTAA — either exemption of the income in one country or credit for tax paid abroad. Claiming treaty relief in India requires a valid Tax Residency Certificate and Form 10F; claiming foreign tax credit requires Form 67 with proof of the foreign tax paid.
Twice, at two different events: the fair market value at vesting is taxed as a salary perquisite, and the appreciation between vesting and sale is taxed as capital gains. If foreign tax was withheld, credit may be available under the DTAA. Ordinarily resident holders must also disclose the shares in Schedule FA.
Only taxpayers who are resident and ordinarily resident. Non-residents and RNORs are exempt from Schedule FA. For those covered, the reporting is on a calendar-year basis and non-disclosure invites severe penalties under the Black Money Act — this schedule is never worth abbreviating.
Yes. A Tax Residency Certificate from the other country's tax authority, covering the relevant period, is the statutory precondition for DTAA relief in India — supplemented by Form 10F and, where asked, a no-permanent-establishment declaration.
An Indian citizen with Indian-sourced income above ₹15 lakh who is not liable to tax in any other country by reason of residence can be deemed an Indian resident — but with RNOR status, so foreign income remains largely protected. The rule targets stateless-for-tax arrangements, not genuine expatriates.

Moving across borders? Move your tax file properly.

Share your assignment details and travel history. We'll fix your status, map both countries' claims and file a return that holds up.

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