It depends on your residence in India, and on almost nothing else. Where the other country charges nothing on salary there is no foreign tax to credit and no treaty argument to have, so the whole answer sits in India's residency tests, which are day counts run on the year in question and on the years before it. If those tests make you resident in India for a year, your worldwide salary belongs on the Indian return for that year, whatever Dubai does with it. If they do not, Indian tax follows Indian-source income only. So the real work is a travel record accurate enough to survive being checked.
Which country taxes me first, India or UAE?
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Residency is the whole question: the day-count tests, the transitional status on return, and the treatment of Indian deposits and property while abroad. One country taxes at source and the other gives credit, and getting that order wrong is what produces double taxation on paper.
Which country goes first
Residency is the whole question: the day-count tests, the transitional status on return, and the treatment of Indian deposits and property while abroad.

When it does not bind you
The largest NRI corridor in the world by population, and one where a jurisdiction with no personal income tax on salary meets India's day-count residency tests.
Where to go from here
The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on India ↔ UAE cross-border tax. One call is usually enough to know whether this is a filing or a project.
Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.
Cross-border tax case studies
Running the day counts for a departure year to Dubai
A salaried client took a job in Dubai partway through the Indian year and assumed the salary stopped being India's business the day the flight left. The counts said otherwise for that first year. We reconstructed the travel record from passports and tickets, ran India's tests for the year of departure and the years before it, and set out which months of salary belonged on the Indian return. The engagement produced a written residence position for the departure year, the return filed on that basis, and a plan for the following year's counts.
Read how this one runsRepositioning Indian deposits before a permanent return
A client preparing to move back from the UAE still held deposits and investments in India opened while resident there, and the banks were deducting on an out-of-date basis. We listed every account with the status under which it had been opened, established what each should be while the client remained abroad and what would have to change on return, and put the bank notifications in order. The work produced a corrected set of account designations, a reconciliation of the deductions already taken, and a note of what the arrival year's return would need to show.
Read how this one runsWithdrawing a credit claim and answering the real question
A client arrived with a foreign tax credit claim prepared for salary earned in the UAE, where nothing had been charged on it. There was no foreign tax to relieve, and the residence position the claim depended on had never been tested. We withdrew the claim, ran the residency tests on the travel history, and rebuilt the return on the basis those tests supported. The engagement produced a filing that stands on its residence position rather than on relief that does not exist, and an explanation the client can give if the earlier claim is queried.
Read how this one runsBuilding a travel log a tax authority will accept
A frequent traveller between India and the UAE had been estimating days from memory, and the estimates changed from telling to telling. We collected passport stamps, immigration records, boarding passes and hotel bills, built one dated log covering the years in question, and flagged the entries that could not be evidenced so they could be resolved rather than assumed. The engagement produced a single travel record standing behind every year's residence position, the years filed consistently with it, and a simple routine for keeping the log current.
Read how this one runsOrdering the tax on Indian rent for a Dubai resident
A landlord living in Dubai was receiving rent from property in India with tax deducted before the money arrived, and had filed nothing in India for several years. We established that the rent is Indian-source and taxed there first, computed the Indian position for each year with the deductions taken into account, and filed the outstanding returns. The work produced completed Indian filings, a reconciliation of what had been deducted against what was due, and a written note of why no relief claim elsewhere was required in this client's circumstances.
Read how this one runsDocumenting where a UAE company is actually managed
A business owner living between the UAE and India held a company incorporated in the UAE, and the question raised was where its decisions were in fact taken. We gathered the board records, the meeting locations, the signing history and the travel dates of the people involved, then set the facts out plainly against the tests each country applies. The engagement produced a documented factual position, a list of the practices that weakened it, and the changes needed if the owner wanted that position to hold in later years.
Read how this one runsA Second Opinion on a Return Already Filed
A cross-border return prepared on one side only is usually right in isolation and wrong in combination. The review checks residence, source and relief in that order, and says plainly whether an amendment is worth making.
Read how this one runsOptions Granted in India and Exercised Elsewhere
Where the grant, the vesting and the exercise happen in different countries, each may claim part of the same gain. Apportioning it across the period worked is what prevents the whole amount being taxed twice.
Read how this one runsAll case studies — every published engagement in one place.
Core International & Cross-Border Tax Services
Strategy and compliance for income, assets and families spread across borders.
Industries & Client Types We Serve Worldwide
- Foreign VAT / GST / sales tax registrations
- Marketplace withholding reviews
- Inventory nexus & PE analysis
- Multi-currency books reconciled
- Cross-border revenue sourcing & withholding
- IP structuring with real substance
- Equity for cross-border teams
- U.S. expansion: entity & PE setup
- Reg 105 / 102 waivers
- Permanent establishment risk
- Partner mobility planning
- Cross-border withholding recovery
Foreign property income and sales are taxed in both countries by default; Section 216, FIRPTA and treaty credits are the standing toolkit.
Property is taxed where it sits, which is the one rule no treaty overrides. What the treaty does decide is the credit, the rate on the rent and what happens on the sale — and the clearance certificate on a disposition is applied for before closing, not after the buyer has already held the money back.
- Section 216 rental returns
- FIRPTA withholding recovery
- Section 116 clearance
- Treaty credit optimization
- Transfer pricing documentation (s.247)
- Customs value vs transfer price
- Foreign affiliate reporting (T1134)
- Country-by-country reporting
- Reg 105 & U.S. CWA agreements
- Multi-state & country calendars
- Touring income allocation
- Royalty & image-rights withholding
- Residency analysis before moving
- Employer payroll exposure
- Totalization & social security
- Foreign tax credits
- Treaty access & PPT reviews
- FAPI & surplus computations
- Withholding-efficient routing
- Governance & substance
Asked next about India and UAE
There is no single number that answers this for everybody, which is why the question causes so much trouble. India's tests count days in the year and also look back over earlier years, and a different combination applies to people returning after a long spell abroad. We run the counts on your actual travel history rather than on a rule of thumb, then tell you what the coming year looks like and how much room is left in it. Keep passport stamps, boarding passes and entry records. A day count you cannot evidence is not a position, it is a hope.
No. A credit relieves foreign tax actually paid on the same income, so where no tax has been charged there is nothing to relieve and nothing to claim. Clients sometimes arrive with a credit claim already prepared and a residence position that was never tested; the claim fails and the residence question is still waiting to be answered. Treat the order as fixed. Establish where you are resident, identify the source of each item of income, and only then look at relief. In this corridor the first step usually settles the whole matter.
Interest from deposits held in India is Indian-source income, so India can tax it whatever your residence, and banks generally deduct before paying you. What changes with residence is the type of account you are entitled to hold, how the interest is treated, and whether the deduction is the end of the matter or a payment on account to be reconciled on a return. Tell the bank when your status changes. An account that was correct while you were resident and then stayed open unchanged is a common source of both wrong deductions and awkward correspondence.
The year of return is usually the year that costs money, because your status can change while your income has not. A period abroad can end with India treating you as resident for that whole year, which brings worldwide income into the Indian return, and people coming back after a long absence may have a transitional status that treats foreign income differently for a limited window. Which applies depends on the day counts and on how long you were away. Settle that before the move if you can, because the same income can fall inside or outside the Indian net depending on the date you land.
The gain is Indian-source because the property is in India, so India taxes it whether or not you are resident. What your residence changes is how the tax reaches the authority and what follows: sales by non-residents are generally settled with tax withheld at the transaction, and that is rarely the same as the tax finally due. The difference is recovered on an Indian return, not at the closing table. So prepare the paperwork before the sale, and keep the full cost history, because without it the gain is computed against you.
Resident but Not Ordinarily Resident is a transitional Indian status that can apply for a limited period after you return, based on how long you were non-resident before. While it lasts, certain foreign income stays outside the Indian net that would be taxed once you become an ordinary resident — which makes the timing of a return date, and of realising foreign gains, a genuine planning decision rather than an administrative one. See the RNOR window.
Tax collected at source. When a resident individual remits money abroad under the Liberalised Remittance Scheme — or buys an overseas tour package — the bank or seller collects an amount of tax on top and deposits it against your PAN. It is not a cost and it is not a final tax: it appears in your annual tax statement and is set off against the tax on your return, with the excess refunded. The rates and the purposes they attach to have been amended repeatedly, so we confirm them for the remittance year. See LRS limits and TCS.



