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    GMS Flashalert Distancepost

    India – Tax Collection at Source for Certain Outbound Remittances to Increase

    GMS Flash Alert 2023-172 | 12 September 2023

    Due to recent changes introduced by India’s Finance Act, 2023, overseas outbound remittances (including transfers from bank accounts, foreign exchange transactions, international property investments, etc.), except for medical and educational purposes, made via the Liberalised Remittance Scheme (LRS) will be taxed under the Tax Collection at Source system (TCS) at 20 percent, rather than 5 percent, if the amount is above INR 7 lakh in a financial year. 

    Finance Act, 2023 proposed to increase the TCS rate from 5 percent to 20 percent, effective 1 July 2023.  The Ministry of Finance in India, recently however, by means of notifications and frequently asked questions (FAQs), clarified the effective start date, now 1 October 2023, and the tax rates (TCS) applicable for outbound remittances.1

    For the full report, see TaxNewsFlash (5 July 2023) and TaxNewsFlash (29 June 2023).  TaxNewsFlash is a publication of the KPMG International member firm in India.

    WHY THIS MATTERS

    While exceptions apply to educational and medical expenses, the new tax rate will be applicable to funds sent overseas for vacations, investments, and gifts, and where those remittances exceed a certain amount, a higher tax rate (20 percent as opposed to 5 percent) would apply.  In certain situations the new higher tax rate may also apply to employee stock purchase plan (ESPP) purchases by Indian participants.  This will raise the tax burden for affected taxpayers.

    Background

    Section 206C(1G) of the Income-Tax Act, 1961 (“the Act”) provides for Tax Collection at Source (TCS) by a seller of an overseas tour program package from a buyer, being a person purchasing such package, at the rate of 5 percent of the amount of the package.  Similarly, TCS at the rate of 5 percent is applicable on a foreign remittance through the Liberalised Remittance Scheme (LRS)2.

    What's Changed?

    The Finance Act, 2023 amended these [Section 206C(1G) of the Act] provisions whereby the rate of TCS was increased from 5 percent to 20 percent for remittances under LRS as well as for the purchase of overseas tour program packages.  Further, the threshold of INR 7 lakh for triggering TCS on LRS was removed for purchases of overseas tour program packages.  These two changes are not applicable when the remittance is for education or medical purposes.  

    Subsequent Clarification from the Tax Authorities

    Earlier and new TCS rates are summarised as under:

    Nature of payment

     

    (1)

    Earlier rate before Finance Act, 2023

     

    (2)

    New rate w.e.f.

    1 October 2023

    (3)

    LRS for education, financed by loan from financial institution

    Nil up to INR 7 lakh

    0.5% above INR 7 lakh

    Nil up to INR 7 lakh

    0.5% above INR 7 lakh

    LRS for Medical treatment / education (other than financed by loan)

    Nil up to INR 7 lakh

    5% above INR 7 lakh

    Nil up to INR 7 lakh

    5% above INR 7 lakh

    LRS for other purposes

    Nil up to INR 7 lakh

    5% above INR 7 lakh

    Nil up to INR 7 lakh

    20% above INR 7 lakh

    Purchase of Overseas tour program package

    5% (without threshold)

    5% till INR 7 lakh, 20% thereafter

    Source: KPMG in India

    *Note: (i) TCS rate mentioned in column 2 shall continue to apply until 30 September 2023.

    (ii) There shall be no TCS on expenditures under LRS under clause (i) of sub-section (1G) of section 206C up to INR 7 lakh, irrespective of purpose.

    On 28 June 2023, the Ministry of Finance indicated in its clarification, "Threshold of INR 7 Lakh per financial year per individual in clause (i) of sub-section (1G) of section 206C shall be restored for TCS on all categories of LRS payments, through all modes of payment, regardless of the purpose.  Thus, for the first INR 7 Lakh remittance under LRS, there shall be no TCS except for tour packages."3

    Also, please note the following:

    • Transfers of amounts equal to or below INR 700,000 made via international debit or credit cards will not attract any TCS.
    • Further, the classification of the use of international credit cards, while overseas (as LRS), has been postponed.  Therefore, no TCS is to be applicable on expenditures made using international credit cards while the card-holder is using it overseas until further order.
    • The threshold of INR 700,000 for LRS is a combined threshold for the applicability of the TCS on LRS irrespective of the purpose of the remittance and such threshold applies for the whole of the financial year.
    • For purchases of an overseas tour program, the threshold of INR 700,000 applies to determine the applicable TCS rate as 5 percent or 20 percent.

    KPMG INSIGHTS

    The Central Board of Direct Taxes (CBDT) has issued frequently asked questions (FAQs) to mitigate any difficulties around the implementation of changes related to TCS on LRS and the purchase of overseas tour program packages.4  The FAQs are welcome as they provide clarity on various practical aspects relating to the implementation of the TCS provisions. 

    The issuance of guidelines before the effective date of the provisions should help authorised financial institutions, credit card companies, dealer banks, and sellers of overseas tour program packages better prepare for the implementation of these provisions.  However, the requirement to collect tax creates an additional compliance burden and cash “blockage” for resident individuals.

    Taxpayers should note that, generally speaking, on their income tax returns TCS deductions may be claimed as refunds or credits.  It is recommended they consult with their usual tax professional or a member of the tax team with KPMG in India (see the Contacts section).

    Contacts

    Parizad Sirwalla
    Parizad Sirwalla

    Partner and National Head – Tax, Global Mobility Services

    KPMG in India

    Additional Resources

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    Footnotes

    1  CBDT Circular No. 10 of 2023, dated 30 June 2023.  See: https://incometaxindia.gov.in/communications/circular/circular-10-2023.pdf . 

    Also see Ministry of Finance, "Clarification regarding applicability of Tax Collection at Source to small Debit/Credit Transactions under LRS" (19 May 2023) at: https://pib.gov.in/PressReleasePage.aspx?PRID=1925592 .

    2  The Reserve Bank of India oversees the Liberalised Remittance Scheme or LRS that facilitates the transfer of funds outside of India by resident individuals subject to certain terms and conditions.  Under the LRS, an individual can effect outbound remittances of up to a certain limit.

    3  See Ministry of Finance 28 June 2023 press release at: https://pib.gov.in/PressReleseDetail.aspx?PRID=1936105 .

    4  CBDT Circular No. 10 of 2023, dated 30 June 2023.  See: https://incometaxindia.gov.in/communications/circular/circular-10-2023.pdf.

    Disclaimer

    GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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