IN a significant development India has eased the rigrour of obtaining
Employment Visa by foreign nationals. As per the latest clarification issued by
the Ministry of Home Affairs, the definition of Salary stipulating a threshold
limit of USD 25000 per annum has been amended to include all other allowances
paid in cash. Perquisites like rent-free accommodation, which are included in
'salary' for the purpose of computing income tax has now been allowed to be
included to meet the minimum threshold limit notified.
However, it has been clarified that any perquisite which is not included
in the salary income as per the I-T Act will not be allowed to be included to
scale up the figure of USD 25000. Thus, Indian employers have been advised to
clearly spell out the perquisites, which are to be included in the salary for
the income tax purpose, in the employment contract.
The
MHA has also clarified that the foreign nationals who have arrived in India on
the basis of ‘E’ visa issued after 1.11.2010 and drawing annual salary of less
than USD 25,000 (and not in the three exempted categories) may be registered by
FRROs/FROs but all such foreigners may be granted exit by giving a maximum
period of three months.
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