Anil aggarwal is a NRI (Non resident Indian) living in the
United states from the last 8 years. He has the interest income from India
which he receives in his NRO (Non resident Ordinary) account and NRE (Non
resident external) account. The interest income in NRE account is tax free but
bank deducts TDS on interest income on NRO account at rate of 30%.
As per Mr. Anil
Aggarwal, his total interest income is Rs. 1 lakh which is much lower than the
exemption limit of income tax. Bank deducts TDS on his interest income at 30%
and now he needs to file a return to claim refund in income tax.
If Mr. Anil is Indian resident, he can submit form 15G to the
bank requesting not to deduct TDS as his total income less than basic exemption
limit (Rs. 2 lakh).
Can he also submit Form 15G to the bank as non resident?
The answer is NO.
Form 15G and 15H
Form 15G and 15H (for senior citizen) are the forms which one
can submit to the banks so that bank will not deduct TDS on interest income.
Only assessee can submit these forms whose total income is less than exempted
limit of income tax which is currently Rs. 2 lakhs.
But the condition is that Form 15G and 15H are only can be
filed by resident Indians. In case of residents Indian, TDS threshold limit is
Rs. 10000 as TDS will only be deducted if the interest income is Rs. 10000 or
above.
In case of NRIs, TDS is deducted on interest income at rate
of 30 %( 15% in case Tax Residency Certificate is submitted from a treaty
country). There is no threshold limit on the interest income earned by NRIs as
every rupee of interest attracts TDS at 30%.
What NRIs can do
Income tax law has a separate procedure if you are in the
same situation as Mr. Anil. "Such persons must file an application under
section 195(3) of the Income Tax Act to the jurisdictional tax officer to obtain a certificate
of non-deduction or lower deduction of taxes,"
You must apply this certificate to Income tax officer in your
jurisdiction and if Officer grants you the waiver, you can submit this form to
the bank for non deducting TDS on interest income.
But granting waiver from income tax department is not so
easy. It is all about tax officer giving grant or not. So the best way is to
file income tax return and claim TDS refund.
TDS refund is only available if resident or non-resident
Indian has a Permanent Account Number (PAN).
Tags-form 15g,form 15h,form 15g for nri,form 15h for nri
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