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NRIs honoured at India's Independence Day celebrations in UK

LONDON,August21,2012: Several prominent NRIs, including director general of the Commonwealth Business Council Dr Mohan Kaul, were honoured by the Indian Overseas Congress (London) at a function here to celebrate the 66th anniversary of India's Independence Day. Other recipients of the honour for their services to the community were Dr Onkar Sahota, member of the greater London assembly for Ealing & Hillingdon, R S Nangla, founder chairman of travel agency Brightsun, former councillor and former mayor of London Borough of Ealing Madhav Patil, publisher Neermal Suri, Gurnam Singh Sahni, Veerindra Rishi, Rajinder Singh Dhutt and Lord Sardar Singh. Speaking on the occasion, President of the Indian Overseas Congress (London) D L Kalhan said: "while we proudly share the joys of getting voting rights for Indians residing abroad, we are now advocating for getting representations for them in Indian Parliament." Labour MP Virendra Sharma lauded the progress made by NRIs in the UK and elsewhere because "they took their values with them wherever the went." "We should feel proud of our achievement," he said. Both prime minister of Britain David Cameron and leader of the opposition and Labour leader Ed Miliband sent messages congratulating India on its 66th Anniversary of Independence and growing India-UK relations in different spheres including science and technology, education and climate change. Councillor Jagdish Sharma noted that it was a matter of pride the vast strides made by India during the last 65 years. SS Sidhu, minister (coordination) in the Indian High Commission to the UK, said: "we are proud of Indians wherever they have gone and they have brought honour to our country. Onkar Sahota, GLA member, said India is poised to make great strides in the fields of science and technology, economy and population. Dr Kaul said India has achieved a lot and "there are many things which can happen only in India." He said there was tremendous scope for increasing trade, business and scientific exchanges in the fields of R&D and the education between India and the UK.

One arrested for NRI woman murder

HOSHIARPU,August 21,2012: Police claimed to have solved the murder case of an NRI woman with the arrest of one person on Saturday. Rajinder Singh, alias Vicky, was arrested for allegedly murdering Gurdev Kaur Parmar, SP Jagmohan Singh told reporters here. NRI Gurdev Kaur Parmar, wife of Piara Singh of village Baddon, was found dead on August 11, 2012 at her residence. After receiving news of her death, her three sons, who had been living abroad, returned to their village on August 16, for performing her last rites. After receiving the postmortem report of Gurdev Kaur Parmar in which it was established that she was strangled to death and marks of injuries were also found on her body, Mehtiana police registered a murder case last evening. During special nakas laid at various places to check anti-social elements, police recovered a pair of gold ear rings of deceased Gurdev Kaur Parmar from one Rajinder Singh. During interrogation, Rajinder Singh confessed to have murdered Gurdev Kaur and removed her gold ear rings. Further interrogation of the accused was still on, Singh said.

India Day Parade fills New York with its sights, sounds and stars

NEW YORK,August 21,2012: Thousands of people watched as the sights and sounds of India took over Manhattan's Madison Avenue for the India Day Parade led by Bollywood star Saif Ali Khan and cricketer Anil Kumble. Saif, dressed in a crisp white kurta-pyjama as the grand marshal of the 32nd India Day Parade on Sunday, waved to fans as the procession made its way over blocks with dancing, costumes and floats.
The Bollywood actor said he was proud to be a representative of India at the parade, an annual feature of the city's cultural scene organised by the Federation of Indian Associations ( FIA) to mark India's Aug 15 Independence Day. "Whatever fame we have is because of the movie industry and I am happy to see such a massive outpouring of love here. I want my fans in the US to know that we love them and are thankful to them and I hope they continue to enjoy our films," he said. Spin bowler Kumble, who was the guest of honour, said it was a matter of pride for him to be part of one of the biggest Independence Day events outside India. "Indians have made cricket popular in the US and I hope America too becomes an important member of the cricketing fraternity," he said. A replica of the Cricket World T20 Trophy was featured at the parade. India's consul general Prabhu Dayal joined Saif on the lead float as a contingent of the New York Police Department led the three-hour long parade while Indian-Americans wearing tri-colour sashes waved the Indian flag and patriotic Indian music filled the air. Members of one performing group, the Swamibapa Pipe Band from Secaucus, New Jersey, wore plaid kilts as they marched and played bagpipes and drums.
Hundreds of New Yorkers joined thousands of Indian Americans who had come from neighbouring New Jersey and Connecticut to watch the parade showcasing India's cultural heritage and diversity. Last year, Bollywood actor Rani Mukherjee was the grand marshal of the parade.

Ex-maid wants to win legal US status: Indian-origin employer

NEW YORK: An Indian-origin woman, accused of keeping an illegal immigrant from her native place as a maid at her mansion here, claims the housekeeper is cooperating with the prosecution as she wants to secure permanent legal status for herself and her children to continue staying in US.40-year-old Annie George has been charged with harbouring an illegal immigrant for private financial gain.Prosecutors say George kept a middle-aged widow from India, identified in court papers only as VM, as a servant in her upstate New York mansion for five years without paying her adequately for her services.George's lawyer Mark Sacco said in a trial brief submitted in US district court, Northern District of New York, that George's late husband had asked VM to work at their home.VM was provided a room, boarding and a stipend which was forwarded to her children in India."As an avenue to secure permanent legal status in the United States for both herself and her children, she has condemned my client," Sacco said in the trial brief.George, who has pleaded not guilty, is scheduled to go on trial on August 27 and could face up to 10 years in prison if convicted.
Sacco had sought dismissal of the charges and said the pay dispute of about USD 40,000 could be settled in a civil court instead.Prosecutors say VM was offered USD 1000 per month for working as a live-in servant for George, her husband and six children. However, VM was paid about USD 26,000 for her five years of service at the George household that included cooking, cleaning and child care every day from 5:30 am to 11 pm all year round.VM had no bank account, passport or identification documents and spoke limited English.
During the five years she worked for the George family, VM never saw a doctor or dentist and could not leave the house unless her work was complete.Prosecutors say George should pay VM $256,000 in wages and $87,000 in overtime based on the minimum wage.Homeland Security agents had found that VM had come to the US in 1998 on a G5 visa which permitted her to work in America as a domestic servant for a family associated with the United Nations.VM had worked for an Indian family till 2005 after which she left her job for a romantic relationship that ended.Having been left homeless, VM was taken in by a church which helped her find employment with the George family.Assistant US Attorney Richard Belliss said VM is still in the US and has temporary status pending the outcome of the trial. She could testify at the trial.
Immigration investigators had removed her in May 2011 from the George household after her son in India called the National Human Trafficking Resources Center, which says it has identified hundreds of similar US cases.

NRI allowed to oppose plea in India on Skype


NEW DELHI,August21,2012:
The Indian judicial system appears to be catching up with the West.Broadening the scope of video conferencing in court cases, still very restricted in the country, the Calcutta high court recently permitted an NRI doctor based in the US to oppose a petition through video conferencing on Skype. Justice Aniruddha Bose allowed Dr Kunal Saha to give oral submissions through Skype and participate in live court hearings where two doctors from the state have challenged cancellation of their medical license by the Medical Council of India. Till now video conferencing as a tool has been primarily utilized for examination of witness or recording of evidence but not for allowing a litigant to argue his case.The Calcutta HC's landmark decision came on Dr Saha's plea, where he urged the court to either fast-track the case to wrap up his arguments during the period he remains in India, or permit him to oppose the two doctors application from his base in Hillard in State of Ohio, US. HC deemed it fit to allow his plea for fighting the case through "live video conferencing", brushing aside objections by the West Bengal Medical Council that insisted Dr Saha be present in person to fight the case or not be heard at all.
Justice Bose pointed out there is no restriction on use of the facility under the laws, even if they don't clearly spell out under what circumstances it might be used. "The presence of Dr Saha would be through the computer screen and its audio system, visible and audible to all present in the courtroom when the system is activated. Thus the proceeding would take place in public view only, as per regular court proceeding," Justice Bose observed.HC also rejected the argument by WBMC that the NRI would be outside the territorial jurisdiction of the court yet participate in the proceedings. "If the system can be followed for examining a witness, which the Legislature has prescribed, I don't see any prejudice being caused to any parties in adopting the same system for conducting the hearing which Legislature has not prohibited," HC said.

Indian American academic Sanjay Reddy to head US institute


NEW YORK,August21,2012: Leading New York university, The New School, has named Indian American academic Sanjay Reddy as one of the two directors of the India China Institute (ICI), a leading centre of trans-regional study.Reddy, associate professor of economics, and Mark Frazier, professor of politics, will develop the ICI's exploration of the relationships between India, China and the US by launching new research programmes and partnerships with other global institutions, the school announced.
"India and China represent rising nations states and civilizational spaces which scholarship and teaching in the United States cannot afford to ignore," said Reddy."They are jointly reshaping the world economy, polity and society."Founded by The New School in 2004, ICI supports research, teaching and discussion on the relationships between India and China, two of the world's emerging economic and political powers, and their interactions with the US.Sanjay Reddy has served at The New School for Social Research in 2009.
His research focuses on global political economy, development and poverty, with a particular focus on contemporary India.In addition to having taught at Columbia, Princeton, and Harvard, from where he earned his PhD in economics, Reddy has consulted for development agencies and institutions like Oxfam, UNICEF and the World Bank.He is the author of "Understanding India's New Political Economy: A Great Transformation?" (Routledge, 2011) and "International Trade and Labor Standards: A Proposal for Linkage" (Columbia, 2008).The school also announced that in autumn, the ICI will welcome five fellows in social innovation for sustainable environments from India, China and the US.Two fellows from India are: Jayanta Bandyopadhyay, professor and head of the Centre for Development and Environment Policy, Public Policy and Management, India Institute of Management, Calcutta and Sanjay Chaturvedi, professor of political science, Punjab University, Chandigarh.The US side will be represented by Indian-American Nidhi Srinivas, associate professor of Nonprofit Management, the Milano School of International Affairs, Management and Urban Policy at The New School.

Indian-Americans get prime spots at US presidential conventions

 Washington, Aug 21,2012: With both the Democratic and Republican parties out to woo the three million strong Indian-American community with its growing political clout, three of them have been given prime spots at the two parties’ presidential conventions. While California’s Indian-American Attorney General Kamala Harris has won a prime speaking role at the Democratic National Convention in North Carolina next month, Louisiana governor Bobby Jindal and South Carolina governor Nikki Haley would be among the “headliners” at the Republican National Convention at Tampa Florida next week. Apart from a speaking slot at the Democratic convention that would endorse President Barack Obama’s run for a second term, Harris, daughter of an Indian mother and an African-American father, is also a co-chair of the Rules Committee. The first woman attorney general of California, she was the first elected official in the state to endorse Obama during his 2008 run for the White House and campaigned for him during his 2004 Senate run. In July, Democrats announced that former president Bill Clinton would enter Obama’s name into nomination at the convention, an important symbolic role for the popular Democrat. Both Jindal, son of Indian immigrants from Punjab, governor of Louisiana since 2007, and Haley, born Nikki Nimrata Randhawa, in a Sikh immigrant family have been named as headliners for the Republican party’s presidential convention starting in Tampa Florida, Aug 27. Jindal, who spent most of last week in the Midwest stumping for the Republican nominee Mitt Romney and his running mate Paul Ryan, said in a statement Monday: “I look forward to talking about the important choice facing our nation.” “We can either go the way of Europe, grow the public sector and make Americans more dependent on government or we can get behind Mitt Romney, reinvigorate the private sector and get our people back to work,” he said. Meanwhile, five Indian-origin candidates, four Democrats and one Republican have been left in the fray for the simultaneous elections to the US Congress after the primary phase that eliminated four of them. Gving a tough fight to their opponents are Democrats Upendra Chivukula from New Jersey; Ami Bera from California, Manan Trivedi from Pennsylvania; and Syed Taj from Michigan. Bera, Trivedi and Taj are doctors, while Chivukula is currently deputy speaker of New Jersey assembly. At 25, lone Republican Ranjit ‘Rikky’ Gill, the unmarried “young gun” from California is the youngest of them all. Though not of Indian origin Tulsi Gabbard, is set to become the first Hindu to become a member of US Congress as she won the primary contest from a safe Democratic seat from Hawaii.

Five Indian techies die in car accident in US



Washington, Aug 11 (IANS): Five Indian software professionals, all from Hyderabad, died when their car hit a tractor-trailer and burst into flames in a fiery crash on a highway near Oklahoma city Friday.

The names of the people killed have not been released, but the Telugu Association of North America (TANA) citing a friend of those killed identified the five as Jaswanth Reddy Subbayyagari, Phanindra Gade, Anurag Anthati, Srinivas Ravi and Venkat.

TANA president Prasad Thotakura said the organisation was working with police and the local community to inform the families of the deceased, and making necessary arrangements to send the bodies to India.

The accident took place as the driver of the Chevrolet Camaro car travelling south on the Interstate 235 lost control as it tried to merge onto the ramp toward southbound I-35, the Highway Patrol said.

The Camaro flew off the road and onto the southbound ramp from I-40 to I-35. The car slammed into the back of a semi-truck, and went under the trailer.

The top of the car was sheared off. The car then spun off the road and burst into flames. All five people inside the Camaro were ejected from the vehicle and died at the scene. The driver of the semi was not hurt.

The Oklahoma Highway Patrol shut down traffic in the area for several hours while they investigated the fatal crash.

'30,000 illegal Indian immigrants to benefit from US policy'

WASHINGTON,August10,2012: At least 30,000 Indians would be among the 1.76 million undocumented illegal immigrants who would benefit from US President Barack Obama's new policy to defer deportation of illegal immigrants for two years, a new study said.

Using current population survey data from the US Census Bureau, Migration Policy Institute (MPI) estimates that as many as 1.76 million people, under the age of 31, could be at risk of being deported in the future or who are currently in removal proceedings could gain deferred action as a result of the Obama administration policy announced on June 15.

Of these 1.76 million illegal immigrants an estimated 30,000 each are from India, and Korea - the two top countries of origin outside Latin America, MPI said adding that two in three unauthorised immigrants potentially eligible for deferred action came from Mexico (1.17 million, or 65 per cent).

The next two countries of origin were El Salvador (slightly less than 60,000, or 3 per cent) and Guatemala (50,000, or 3 per cent).

The Deferred Action for Childhood Arrivals (DACA) initiative, which will decide applications on a case-by-case basis, will offer a two-year grant of reprieve from deportation as well as work authorisation to unauthorised immigrants who were under the age of 31 as of June 15, with certain conditions attached.

MPI estimates that 1.26 million of the 1.76 million potential beneficiaries are 15 or older and thus immediately meet the age requirement to apply for deferred action.

US Citizenship and Immigration Services (USCIS) has stated that only those who are 15 or older are eligible to file for deferred action when the process gets underway on August 15 this year.

Five states - California, Texas, Florida, New York and Illinois - are home to 57 per cent of the total population of potential beneficiaries.

California has by far the largest population of potential beneficiaries, with 460,000, followed by Texas (210,000), Florida (140,000), New York (110,000) and Illinois (90,000).

Nearly three in four (or 1.3 million) prospective beneficiaries were born in Mexico or Central America.

Another 11 per cent (more than 180,000) came from the rest of Latin America, nine percent (about 170,000) from Asia and six per cent (about 110,000) from other parts of the world.

An estimated 800,000 children and youth who are potential beneficiaries are currently enrolled in the K-12 system, it said.

"The deferred action initiative, with its education requirements, offers these youth a significant incentive to stay in school and get their high school diploma," said Margie McHugh, co-director of MPI's National Center on Immigrant Integration Policy.

MPI also estimates that 58 per cent of the prospective beneficiaries ages 15 and older are in the labor force.

"Beyond the relief from deportation, the grant of a work authorisation document to those who can demonstrate an economic necessity is likely to improve their chances for decent employment conditions and wages, especially for those who have higher levels of education," said Doris Meissner, who directs MPI's US Immigration Policy program.

Indian American wins best story award for Khushiyaan

WASHINGTON,August10: Indian American Rajan Gangahar has won the "best story" award for the movie " Khushiyaan" at the Punjabi International Film Academy Award ( PIFAA) held in Toronto. New York-based Rajan was presented with the award at a function held in Toronto over the weekend, a media release said. The event among others was attended by top stars from the Bollywood including Dharmendra, Om Puri, Pran Chopra, Jimmy Shergil and Sonu Sood. His first feature film as a story writer, Rajan wrote the dialogue and screen play for "Khushiyaan", made by another Indian American Trilok Malik. The film has been making rounds in NRI market and connecting immediately with Punjabi community for its sensitive story and memorable performances by veteran and legendary actors Kulbhushen Kharbanda and Rama Vij.

Wisconsin gurdwara shooting: World salutes US cop as real hero

JALANDHAR,August10,2012: Lt Brian Murphy of US police, who received multiple gun shots wounds while trying to stop ex-army veteran Wade Michael Page, who indiscriminately shot and killed the six people at the Oak Creek gurdwara, in Wisconsin, US, has become a hero across the world. The "Wisconsin Sikh Temple Cop Brian Murphy Thank You Page" on Facebook has gone viral, with people from across the world showering praises on Murphy and praying for his speedy recovery. The US police officer sustained serious bullet injuries after he confronted the shooter who targeted Sikhs in Oak Creek gurdwara. Sikhs from across the world have posted messages on the page - eulogizing him as a real hero and thanking him. So have members of other religions, communities, nationalities and ethnicities. "We the Sikhs from all over the world thank you for your courage and bravery. You sir are a true American hero. We pray for your speedy recovery and thank you for your service to Oak Creek police department you are an angel sent that day to save many lives," reads a message on the page - launched on Monday and which has already got around 17,000 likes. Other photos related to the tragedy including the police action have also been posted on the page. "I cannot thank you enough officer Brian Murphy! You are not just my hero, but also hero of over 24 million people worldwide! Waheguru Mehar (God Bless)," wrote Vanmeet Talwar." The brave cop who was shot nine times and told fellow officers to help other Wisconsin shooting victims first, is getting the hero's recognition he deserves," posted Anish Gupta on the page. Delhi Sikh Gurudwara Management Committee and Sikhs for Justice have already announced bravery awards of $5,000 and 10,000 for this officer to express gratitude of the community.

IAS, IFS coaching schools wooing NRIs

NEW DELHI,August10: Hoping to touch a patriotic chord, private coaching academies are increasingly looking at Indians settled abroad and their children and selling them the idea of taking the civil services exam to serve the motherland as a career bureaucrat. It may be a novel idea for the NRI community - those with Indian citizenship of course - but some institutes are confident that it is one that will hit home.
The New Delhi-based Chanakya IAS Academy, for instance, last month held an interaction session in Dubai for NRI civil services aspirants. "The concept of preparing their children to serve as Indian bureaucrats excited many NRI parents in the Gulf," said A.K. Mishra, chief of the academy. "Many NRIs and their children agreed that joining Indian civil services was an ideal way to serve their motherland," Mishra, who is also a motivation and success guru, told IANS. According to Mishra, civil services exam coaching was a multimillion rupee industry, fuelled by over 500 institutions spread across the country. Metro cities, especially New Delhi and Chennai, have a high density of such specialised service providers. The fees for coaching ranges from Rs.10,000 to a few lakh rupees, depending upon the duration and features of the capsule on offer. For civil services coaching academies, attracting the NRIs, a cash-rich segment, makes good business sense. "Enrolling NRIs means getting cash-rich students for our specialised services. Also, they are not a very price sensitive group," said Deepti Sharma, who manages the IAS Training Academy in Jaipur.
"Traditionally, NRIs have sought professional courses like engineering, medical and MBA in India. The civil services don't really figure high on their agenda," she said. But it could be changing with coaching institutes turning their gaze on NRIs as a special segment of students. "Engineering and MBA students have also been on our radar," Sharma told IANS. The nationality criteria for the Union Public Service Commission-organised exam for the Indian Administrative Service, Indian Foreign Service and Indian Police Service lays down "citizen of India" as the basic requirement. Union Public Service Commission Member K K Paul said: "We do not have an exam centre abroad...the basic eligibility is citizen of India." A subject of Nepal or Bhutan or a Tibetan refugee, who came over to India before Jan 1, 1962, with the intention of permanently settling in India, can also appear in the civil services exam. A person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African countries of Kenya, Uganda, the United Republic of Tanzania, Zambia, Malawi, Zaire and Ethiopia and Vietnam with the intention of permanently settling in India, can also appear in the exam with the Indian government's approval. It's a market waiting to be tapped. Mishra said NRIs need to be made aware of opportunities in civil services as, at present, their interest is mainly in professional courses. Other coaching institutes are also catching on. Said Vinay Kumar, who heads a civil services coaching institute in Ranchi: "We do get queries from NRIs' relatives here on civil services exams but we have not really made a conscious pitch to attract students from this category. Now, we plan to do so." Industry insiders said there is no ready data on the number of NRIs appearing for the test that qualifies a candidate to join the bureaucracy. Of the 243,003 applicants in 2011, 910 were recommended for appointment against 1,001 vacancies. It's a growing business with students admitting that they need coaching institutes. "Apart from an individual's own ability, the training imparted by a coaching institute makes a huge difference," said Sneh Dubey, who qualified for the Indian Foreign Service in the just concluded civil services recruitment.

Indiatimes|The Times of India|The Economic Times| More Facebook|Log In|Sign Up| ADVERTISEMENT The Times of India Other News The Times of India Advanced Search » Home City India World Business Tech Sports Entertainment Life & Style Women Hot on the Web Spirituality NRI Olympics Photos Times Now Videos LIVE TV US & Canada News Middle East News Other News Cinema Community NRI Achievers Art & Culture About this section Contributors Specials You are here: Home » NRI » Other News In South Africa, PIO beaten to death after Laden jibe

JOHANNESBURG,August10: An Indian origin Muslim man in South Africa was allegedly beaten to death by two people who made racist taunts against him because of his beard.The two white men allegedly made religious and racist taunts against 33-year-old Mohammed Fayaz Kazi from Ventersdorp, who was dressed in traditional Muslim garb and had a beard. "They called us 'bin Laden' and 'Coolies' while we were in a store to buy food to end our fast during Ramadan," said Kazi's friend Ansar Mahmood.When Kazi and Mahmood objected to the taunts a fight broke out among them. Mahmood was mostly hit in the face, while Kazi was beaten over the head. Later Kazi was taken to hospital where he died of brain injury suffered during the assault. Now, police are looking for two white Afrikaans-speaking men in connection with the case.

46 complaints against NRI husbands in two years: Minister


NEW DELHI,August10,2012: A total of 46 complaints from women that their NRI husbands were harassing them or have deserted them were received by the ministry of overseas Indian affairs between April 2010 and March 2012, Parliament was informed on Thursday.
Overseas Indian affairs minister Vyalar Ravi said in a written reply to a question in the Rajya Sabha that of these complaints, a maximum of 17 were received in the last two years from women married to NRI husbands living in the US.
The ministry received 15 complaints in 2010-11 and 31 complaints in 2011-12, he said giving figures.
Other nations from where complaints were received included seven from Britain and four each from Canada and Australia in the last two years, he added.
In these, the most complaints (10) were received from women with Delhi as their hometown, he added.
The minister said such complaints were usually dealt within the ministry based on the nature of the complaint and the assistance sought.
Sometimes, these were forwarded to authorities concerned including Indian missions abroad or to the national commission for women (NCW), he added.
To another query on the same subject, Ravi said the ministry does not maintain exclusive data on women deserted by their NRI husbands, except when complaints are received.
The ministry, he said, provides legal and financial assistance to those women.
He also noted that marriages with NRIs are to be registered compulsorily, as per an order of the Supreme Court issued in February 2006.
Ravi said from January 2005 to June this year, a total of 418 complaints were received by the ministry, and among them, a maximum of 101 complaints were received from women hailing from Punjab.

Living in India? Think before getting a US green card

Lakshmi Iyer and her husband Ganesh have been living in Bangalore, India for the last 40 years. Recently, their son, a US citizen, sponsored their Green Card and they are now US Green Card holders. For the Iyers, presently the Green Card is just an easier access route to the US. It will enable them visit the US anytime and stay for any length of time. They do not intend to move to the US right away. Perhaps, at some point in the future they would make the move, but they have not made up their minds yet.
But convenience aside, there are certain tax and compliance issues that are extremely important before taking a decision to get a Green Card without actually living in the US. "A few years ago, it may not have been very grave to fail in these compliances. But today, the IRS is increasing its focus on offshore assets. It is very important for individuals to assess the consequences before they apply for their Green Card," advices Roy Vargis, Illinois based CPA and promoter of www.IndianCPA.com
Let's look at what these issues and their consequences are.
US will tax your global income
Unlike India, the US tax law is based on residency as well as citizenship. That is, the US taxes both, its residents and citizens on their global income irrespective of where they live. Resident in this case is defined as either a green card holder or someone who is physically present in the US for a certain number of days in the year. India on the other hand, taxes only its residents on global income. That is, Indian citizens who do not live in India are taxed in India only on their India income and not their global income.
This basic difference poses several challenges for US Green Card holders. If you are a Green Card holder living in India, you would qualify as a resident in India and therefore will have to pay taxes and file returns in India on your global income. However, as a Green Card holder, you are obligated to file your tax returns in the US and declare your global income there. So if you are a resident of India and earn a pension in India, you would be taxed in India and you would also need to show this pension income in the US tax return. This income will be taxed in the US as per tax rates in the US, which could be more or less than what you are charged in India. Having said that, you will get relief under the Double Taxation Avoidance Agreement (DTAA) between India and the US. That means, if you have paid taxes in India on a particular income, you will get a credit tax that extent in the US. However, you will still have to file your US tax returns.
Moreover, if certain incomes are tax-free in India, such as dividends or interest on provident funds, they will be taxed in the US. "Green Card holders who are living outside of USA and have 'earned income' will be able to avail of the earned income exclusion of up to $95100 in 2012. Earned income here would include salary, commissions and self employed income. Pensions and annuities, capital gains, rental income, interest and dividends are not considered as earned income," Vargis adds.

Declaration of foreign assets in US

Recently, the US Treasury Department has been closely monitoring foreign income-generating assets of its residents and citizens in order to track tax evaders. Several regulations and compliance measures have been put in place for this. The first - Foreign Bank and Financial Account Report (FBAR) is a report that must be filed by all residents and citizens who have foreign financial assets exceeding USD 10000 in a particular calendar year. The report must be filed by June 30th of each year and collects information on all foreign financial assets including banks account, demat account, mutual funds, insurance policies, provident fund schemes etc. The second more recent is Form 8938 - Statement of Foreign Financial Assets. This form was introduced this year and has to be filed along with the tax return. The form collects details that are similar to the FBAR except for a few differences such as threshold limits.
The intention of both these forms is to verify if the taxpayer has declared income from foreign assets in his US tax return. So as a Green Card holder, you would be obliged to file these reports in the US even if you are not living there. "The consequence of failure is very harsh. Penalties can be up to 50% of value of overseas assets. So it can potentially wipe out your savings," Vargis cautions.
US Estate taxes and Gift taxes will apply
"As soon as you become a Green Card holder you will attract US Estate and Gift taxes irrespective of where you live," Rajesh Vaidya, a CPA and Senior Accountant at Florida based Raju Maniar CPA firm explains.
Estate tax is payable by the heirs from the estate of a deceased individual and can be as high as 55%. The basic exemption limit is presently USD 5.12 million. This tax is payable if the deceased individual was a US resident, Green Card holder or citizen, irrespective of location of estate. "So as a Green Card holder, your India assets would be subject to estate tax when they are passed on as inheritance," Vaidya adds.
Similar rules apply in case of gift tax. The donor of the gift is liable to pay gift tax in the US if he is a US resident, Green Card holder or citizen irrespective of who he is making the gift to. There are two levels of exemption from the gift tax. First, gifts of up to the annual exclusion of USD13,000 per recipient incur no tax or filing requirement. Second, gifts in excess of the annual exclusion may still be tax-free up to USD 5,120,000. Anything above that will be taxed at up to 55%.
However, Vaidya also adds, "These exemption limits and rates are as per current laws which were part of the famous Bush Tax Cuts. In December 2012, these rates are set to expire, and unless the Congress extends these cuts, they are likely to change. The basic exemption in that case is likely to go down to USD 1 million."
Now, in case you are receiving gifts, in certain cases, you would need to fill up Form 3520 along with your tax return. "You would need to file this form if during the tax year, you received a gift or bequest valued at more than $100,000 from a nonresident individual or foreign estate," Vargis adds.
PFIC rules will apply
Passive Foreign Investment Corporation (PFIC) rules were introduced by the IRS in order to discourage the practice of US investors parking money in offshore tax havens and then deferring the US tax liability. However, due to the nature of the laws, this attracts even foreign mutual fund investments of US residents, Green Card holders and citizens. Broadly speaking, according to the PFIC rules, if you are a Green Card holder with investments in Indian mutual funds, you will face some harsh tax consequences unless you choose one of the options in Form 8621 at the time they file US tax returns. These options essentially seek to tax notional gains on an annual basis instead of taxing gains at the time of sale.
In case you decide not to make any election, you will face some severe consequences at the time you sell their investments. This is called the 'excessive distribution method.' According to this option, the distributions in the current year should be at least 125 percent of the average distributions of last three years. If this condition is not met, then the total distributions are allocated over the entire holding period and are taxed in each year at the highest tax rate of that year. Not only that, but interest will also be charged on each year's tax liability. "What makes matters more difficult is that the 'statute of limitation' on a return does not begin to run until all required foreign reporting has been complied with including. That is, while ordinarily the IRS has the right to go back and audit your returns of the last 3 years, in case of non compliance, it can go back as many years as it wants," says Vargis.
Declaration of financial interest in Indian entities
"Forms 5471 and 8865 are triggered when a US resident, citizen or Green Card holder have some financial interest in foreign corporations or foreign partnerships," says Vargis. So if you have a stake in an Indian company or are a director or officer of an Indian company, you may need to file Form 5471 (for companies) or 8865 (for partnerships) and declare your interest. There are certain conditions that apply in case of both forms. What is important is that the penalties are very high. There is a penalty of $10,000 for each year for failing to file the form. Another Form 926 was also introduced recently. This form captures information on any transfers of property or funds by a US person to a foreign corporation. "All these forms intend to capture information about the US person's financial interest in overseas assets and investments. The IRS will be able to track if the taxpayer has reported all of their income appropriately in the tax return," Vargis explains.
Consequences of failure to adhere
"To begin with, the penalties of failure to file any of these reports and forms if you qualify will draw harsh penalties. Like we have seen, the penalties in case of FBAR can be as high as 50% of the value of your foreign assets. In addition to the penalties, you may face consequences in your immigration status. At the time of renewal of your Green Card or when you apply for citizenship, the authorities will ask to see your past US income tax returns. In case your papers are not in order, you may not get a renewal or citizenship," Vargis explains.
Action
Vaidya advices, "Most elderly people opt for Green Card to unite and stay with children as they foresee hurdles in obtaining visas and traveling. My advice for high networth individuals is to evaluate the situation carefully for future issues arising for tax compliance in US as well as in India for wealth tax issues as well."
"My advice is that if you are a wealthy individual with significant assets and financial interests in India, think twice before you apply for your Green Card. Unless you plan to move permanently to the US getting a Green Card may pose more challenges than conveniences. It may not be as much of a problem for those with lower income or smaller assets in India," Vargis concludes.