Can my spouse work in India if he is employed remotely?

My husband is a Canadian citizen and is a self employed consultant. His business is incorporated in Canada and he is the sole director/owner. I am an OCI card holder, and I am also self employed. We just got married so he is not yet eligible for OCI but we want to move to India next month. He wants to be able to live in India but since he will be self employed, he cannot get a work or business visa. I want to understand what kind of visa is needed in this case and what he is eligible to do in India. Can he live in India with me and do work remotely (self employed)? He does not want to seek employment in India. Summary: Husband is self employed (works remote for his own corporation). We are married. Can he work in India on X visa, What are the tax and legal implications?

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Advocate By LEAD INDIA Answered: 30 Dec 2023

As your OCI card allows you to reside in India, dependant visa could be an option for your husband. However, this typically restricts him from any paid employment in India, including remote work for his Canadian corporation. Working remotely in India from a foreign corporation can have complex tax implications. Your husband might need to pay taxes in both Canada and India on his income, depending on the nature of his work and the visa he holds. Operating a business or generating income in India, even remotely, may trigger legal and regulatory compliance requirements. Contact us on helpline to Consult with a qualified immigration lawyer and tax advisor.
 

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