CBDT issues clarification with respect to seafarer receiving remuneration in NRE account By TII News Service
Apr 11, 2017 , New Delhi
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
FOREIGN TAX AND TAX RESEARCH-II
FT AND TR-V DIVISION
13/2017, Dated: April 11, 2017
Subject: Clarification regarding liability to Income-tax in India for a non-resident seafarer receiving remuneration in NRE (Non Resident External) account maintained with an Indian Bank.
Representations have been received in the Board that income by way of salary, received by non-resident seafarers, for services rendered outside India on-board foreign ships, are being subjected to tax in India for the reason that the salary has been received by the seafarer into the NRE bank account maintained in India by the seafarer.
2. The matter has been examined in the Board Section 5(2)(a) of the income-tax Act provides that only such income of a non-resident shall be subjected to tax in India that is either received or is deemed to be received in India. It is hereby clarified that salary accrued to a non-resident seafarer for services rendered outside India on a foreign ship shall not be included in the total income merely because that said salary has been credited in the NRE account maintained with an Indian bank by the seafarer.
[F.No. 500/07/2017-FT & TR-V]
Under Secretary (FT&TR-V)