The document discusses procedures related to foreign payments and tax deducted at source (TDS) requirements in India. It outlines the process for remitting funds abroad including obtaining certificates from an accountant (Form 15CB) and submitting forms like 15CA along with bills to the authorized dealer. TDS is required to be deducted on payments to non-residents at prescribed rates under the Income Tax Act or applicable double taxation avoidance agreement. The consequences of non-compliance with TDS obligations are also summarized, such as disallowance of expenses or penalty equal to the amount of short/non deduction of tax. The applicability of the Income Tax Act or DTAA for charging different types of income like business

1. Foreign
Payment
Student of BMU
Rohtak
By :-NEERAJ
SINDHU
B.tech, MBA
(Finance & Marketing)

2. FOREIGN PAYMENT
The payment of other country due to any causes
as known as foreign payment.

3. Procedure of Foreign
Remittance
The person making payments shall obtain a certificate from accountant in Form
15CB providing details in Form.
The person shell file a form 15CA electronically after login into account at
income tax portal
Write on acknowledgement number generated by the system for future
references.
Take print out of Form 15CA and get signed by authorized person.
Submit the duly signed form 15CA, 15CB and copy of bills to the RBI or any
other authorized dealer.
Exchange rate used for the payment shall be used for deposition of TDS .

4. TDS ON FOREIGN
PAYMENTS
As per Section 195 TDS shall be deducted on
the payment made to Non-Resident at the
prescribed rate. As per RBI Guidelines, Every
payment except some specifically exempted
payment shall be attached with form 15CA along
with a certificate from a Accountant in Form
15CB.

5. CATEGROY OG FOREIGN
PAYMENTS
If the remittance is chargeable to tax and does
not exceed Rs. 50000/- and the aggregate of
such remittances in financial year information in
does not exceed 250000/- Part-A of Form 15CA
required and Form 15CB not required.
Other cases i.e. where remittance is chargeable
to Tex and exceeds RS. 50000/- and the
aggregate of such remittances in financial year
information in exceeds Rs. 250000/- Part-A
&Part-B of Form 15CA required, also From 15CB
required.

6. For cases falling under clause (ii)
above the person is also required to
obtain a certificate as under
A certificate in form 15CB form a Chartered Accountant;
or
A certificate form Assessing Officer under section 197 ;
or
An order form the Assessing Officer under sub- section
(2) of section 195 for determining the appropriate
proportion for tax deduction or sub-section (3) of section
195 for no deduction.

7. Withholding (TDS) shall be
deducted as under
Apply Domestic TDS provision as per Part –II of First Schedule
of finance Act/XVIIB Chapter (Withholding tax rates for Non-
resident) of income tax Act.
Apply respective DTAA provision.
Apply Domestic tax rate or DTTA tax rate, whichever is beneficial
– Sec 2(37A) (iii), One of the conduction for claiming Double
Taxation relief is obtaining of Tax Residency Certificate (TRC)
which is mentioned in Section 90(4) & als0 in 90(4)
Sec 206AA to apply, If gross remittance amount is exceeding
taxable limit then PAN no. is mandatory otherwise 20%
deduction U/s 206AA apply.

8. Section 195 Implication
195(1) Any person responsible for paying to a
non-resident, not being a company, or to a
foreign company, any interest or any other sum
chargeable under the provision of this act (not
being income chargeable under the head
“Salaries” shall, at the time of credit of such
income to the account of the payee or at the time
of payments thereof in cash or by the issue of a
cheque or draft or by other any mode, whichever
is earlier, deduct income-tax thereon at the rate
in force .

9. Sec.195(1)-scope and
chargeability
What is responsible to deduct tax?
Who should the payee be?
Status of non-resident ?
Payments covered ?
Point of deduction?
Rate of TDS ?
Any person (As defined u/s 2(31)
All non resident whether having presence
in India or not
Does not include RNOR
Under sec.6
In case of duel residence if the breaker
clauses exists-DTAA is applied
Any sum chargeable under the IT act
Except salaries and dividend u/s 1150
At the time of credit or payment whichever
is earlier
Relevant rate in force

10. Sec 195(1) –Scope and
Chargeability
Particulars
Amount payables to non-resident
(net of tax)
Tax rate applicable
Gross–up income : 100*100/(100-
20)
Tax payable (INR 125*20%)
Net amount paid to non-resident
(INR 125-INR 25)
Amount
INR 100
20%
INR125
INR 25
INR 100

11. Section 206AA Implications• “206AA. Requirement to furnish permanent Account no. -(1)
Notwithstanding anything contained in any other provisions of
the act, any person entitled to receive any sum or income or
amount, on which tax is deductible under chapter XVIIB
(hereafter referred to as dedicatee) shall furnish his permanent
Account number to the person responsible for deducting such
tax , failing which tax shall be deducted at the higher of the
following rates, namely:-
• At the rate specified in the relevant provision of this act; or
• At the rate or rates in force; or
• At the rate of 20%
• E.g. service tax &TDS by Indian company then calculation would
be:
Service Tax payables : 100000/(100-12*36)*12*36 =14468

12. Form 10 F
FORM NO. 10F
[See sub-rule (1) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or
sub-section (5) of section 90A of the Income-tax Act, 1961
I.................................. *son/daughter of Shri................................... in the capacity of
................................................................. (designation) do provide the following information,
relevant to the previous year………………………………. *in my case/in the case
of................................... for the purposes of sub-section (5) of *section 90/section 90A:—
Sl.No. Nature of information : Details#
(i) Status (individual, company, firm etc.) of the assessee :
(ii) Permanent Account Number (PAN) of the assessee if allotted :
(iii) Nationality (in the case of an individual) or Country or specified
territory of incorporation or registration (in the case of others)
:
(iv) Assessee's tax identification number in the country or specified territory
of residence and if there is no such number, then, a unique number on
the basis of which the person is identified by the Government of the
country or the specified territory of which the assessee claims to be a
resident
:
(v) Period for which the residential status as mentioned in the certificate
referred to in sub-section (4) of section 90 or sub-section (4) of section
90A is applicable
:
(vi) Address of the assessee in the country or territory outside India during
the period for which the certificate, mentioned in (v) above, is applicable
:
2. I have obtained a certificate referred to in sub-section (4) of section 90 or sub-section (4) of
section 90A from the Government of ………………………………. (name of country or
specified territory outside India)
Signature: ……………………………..
Name: …………………………….

13. Form 10F
Verification
I …………………………….. do hereby declare that to the best of my knowledge and belief
what is stated above is correct, complete and is truly stated.
Verified today the ………………………….. day of……………………………
……………………………..
Signature of the person providing the information
Place: ……………………………
Notes :
1. *Delete whichever is not applicable.
2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-section
(4) of section 90 or sub-section (4) of section 90A.

14. Important Note:
If the remittance is not Taxable u/s 195 then the importance of TRC &
PAN
doesn’t comes in to Picture.
TRC Is required for claiming benefit provided in DTAA entered
between respective countries.
PAN Is required to escape from applicability of Section 206AA (i.e.
applicable TDS rate or 20% whichever is higher)
Example:
Royalty/ Fees for technical Service is taxable @ 25% w.e.f. 01.04.13
under Income Tax Act whereas rate provided in DTAA entered
between respective countries is say 10/15% (15% in INDIA vs. US treaty )

15. PAN or TRC
Case 1 Both PAN &TRC is
available
TDS rate will be 15% (no cess as DTAA rate applies)
Benefit of DTAA is available (because of TRC ) &also
Section 206AA is escaped (because of PAN )
Case 2 PAN is available but no
TRC
TDS rate will be 25.75% (25% plus 3% cess as Act rate
applies )

16. Case 3 PAN not available but TRC
available
TDS rate will be 25.75% (25% plus 3% cess as Act rate
applies ) higher of
(1) As per provision (domestic Tax) 25.75%
(2) Rate in force, as per DTAA 15%
(3) 20%
Case 4 PAN & TRC not available
TDS rate will be 25.75% (25% plus 3% cess as Act rate
applies ) higher of
(1) As per provision (domestic Tax) 25.75%
(2) Rate in force, as per DTAA 15%

17. Consequences of non
complianceApplica
ble
section
Nature of default Consequence
40(a) Withholding tax not deducted or not
deposited within prescribed time
Disallowance of expanses in
computation of taxable income of
payer ; deduction in year of
payment
201(1) Tax not withheld/ deposited appropriately Recovery of tax not withheld/
deposited or short withheld /
deposited
201(1A) Tax not withheld / deposited appropriately Interest @ 1% per month or part
of the month
221 Tax withheld not paid Penalty , not exceeding the
amount of tax not paid
271(c) Tax not withheld or short withheld Penalty , not exceeding the
amount of tax not withheld

18. Chargeability under IT Act or
DTAA
Nature of income IT Act DTAA
Business/profession!! Section9(1)(i) Article 7 &14 rw 5
Salary !! Section 9(1) (i) Article 15
Dividend !! Section 9(1) (iv), section 115 A Article 10
Interest!! Section 9(1) (v), section 115A Article 11
Royalties!! Section 9(1) (iv), Section 115A Article 12
Fees for technical
services /FTS!!
Section9(1)(vii), section 115A Article 12
Capital Gains!! Section9(1)(i), section 45 Article 13