TCS on foreign remittance new FAQ: LRS limit for overseas spend, applicability for different purposes and more
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
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Summary
The new TCS rates are applicable from October 1 instead of July 1 and use of international credit cards while abroad has been excluded from the liberalised remittance scheme. Here are frequently asked questions on issues pertaining to TCS on LRS remittances:
The government on Friday issued a circular to remove the difficulty in the implementation of changes relating to Tax Collection at Source (TCS) on Liberalised Remittance Scheme (LRS) and on the purchase of overseas tour program packages. This came two days after Finance Ministry deferred the implementation of higher TCS rate of 20 percent on expenditures made under LRS and overseas tour packages till September 30. The new rates will come into effect from October 1.
Additionally, the use of international credit cards while abroad has been excluded from LRS and will not be subject to TCS.
Also read: Indians need to declare foreign remittances till Oct 1, false info can attract action
Under LRS, an individual can remit up to $250,000 in a financial year. One can remit money overseas for expenses such as travel, business trips, going abroad for employment, medical purpose, education, gift or donation, emigration, maintenance of close relatives, and any other current account transactions (CAT) as per Rule 5 of the Foreign Exchange Management (CAT) Rules, 2000.
With so many circulars in place, there has been confusion regarding the exact implementation of new LRS and TCS rules. Clarifying those, the government has released a new FAQ with details. Let’s look at these:
[faq][ques]Whether payment through overseas credit card would be counted in LRS?[/ques][ans] The classification of use of international credit card while being overseas, as LRS is postponed. Therefore, no TCS shall be applicable on expenditure through international credit card while being overseas till further order. The declaration and tax do not apply to money spent abroad via credit cards[/ans][/faq]
[faq][ques]Whether the threshold of Rs 7 lakh for TCS become applicable on LRS, applies separately for various purposes like education, health treatment and others?[/ques][ans] The threshold of Rs 7 lakh for LRS is combined threshold for applicability of the TCS on LRS irrespective of the purpose of the remittance. TCS is not required if the amount or aggregate of the amounts being remitted by a buyer is less than Rs 7 lakh in a financial year. The amendment by the Finance Act, 2023 has only restricted it to education and medical treatment purpose. Now, after press release, old position has been restored and the threshold continues to apply for Rs 7 lakh in a financial year, irrespective of the purpose.[/ans][/faq]
[faq][ques] Since there are different TCS rates on LRS for the first six months and next six months of the financial year 2023-24, whether the threshold of Rs 7 lakh, for the TCS to become applicable on LRS, applies separately for each six months?[/ques][ans] No. The threshold of Rs 7 lakh, for the TCS to become applicable on LRS, applies for the full financial year. lf this threshold has already been exhausted; all subsequent remittances under LRS, whether in the first half or in the second half, would be liable for TCS at applicable rate.[/ans][/faq]
[faq][ques]Whether the threshold of Rs 7 lakh, for TCS to become applicable on LRS, applies separately for each remittance through different authorised dealers? If not, how will authorised dealer know about the earlier remittances by that remitter through some other authorised dealer?[/ques][ans]TCS is not required if the amount or aggregate of amounts being remitted by a buyer is less than Rs 7 lakh in a financial year. Since the facility to provide real time update of remittance under LRS by remitter is still under development by the RBl, it is clarified that the details of earlier remittances under LRS by the remitter during the financial year may be taken by the authorised dealer through an undertaking at the time of remittance. lf the authorised dealer correctly collects the tax at source based on information given in this undertaking, he/she will not be treated as “assessee in default”. However, for any false information in the undertaking, appropriate action may be taken against the remitter under the Act.[/ans][/faq]
[faq][ques]There is threshold of Rs 7 lakh for remittance under LRS for TCS to become applicable while there is another threshold of Rs 7 lakh for purchase of overseas tour programme package where reduced rate of 5 percent TCS applies. Whether these two thresholds apply independently?[/ques][ans]Yes, these two thresholds apply independently. For LRS, the threshold of Rs 7 lakh applies to make TCS applicable. For purchase of overseas tour programme package, the threshold of Rs 7 lakh applies to determine the applicable TCS rate as 5 percent or 20 percent.[/ans][/faq]
[faq][ques]A resident individual spends Rs 3 lakh for purchase of overseas tour programme package from a foreign tour operator and remits money which is classified under LRS. There is no other remittance under LRS or purchase of overseas tour programme during the financial year. Whether TCS is applicable?[/ques][ans]In case of purchase of overseas tour programme package which is classified under LRS, TCS provision for purchase of overseas tour programme package shall apply and not TCS provisions for remittance under LRS. Since for purchase of overseas tour programme package, the threshold of Rs 7 lakh for applicability of TCS does not apply, TCS is applicable and tax is required to be collected by the seller. In this case, the tax shall be required to be collected at 5 percent since the total amount spent on purchase of overseas tour programme package during the financial year is less than Rs 7 lakh. The TCS should be made by the seller.[/ans][/faq]
[faq][ques]There are different rates for remittance under LRS for medical treatment/education purposes and for other purposes. What is the scope of remittance under LRS for medical treatment and education purposes?[/ques][ans]As per the clarification by the RBI, remittance for the purposes of medical treatment shall include, (i) remittance for purchase of tickets of the person to be treated medically overseas (and his attendant) for commuting between India and the overseas destination; (ii) his medical expense; and (iii) other day to day expenses required for such purpose. In case of education, remittance for the purpose of education shall include, (i) remittance for purchase of tickets of the person undertaking study overseas for commuting between India and the overseas destination; (ii) the tuition and other fees to be paid to the educational institute; and (iii) other day to day expenses required for undertaking such study.[/ans][/faq]
[faq][ques]Whether purchase of international travel ticket or hotel accommodation on standalone basis is purchase of overseas tour programme package?[/ques][ans]The term ‘overseas tour programme package’ is defined as to mean any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto. It is clarified that purchase of only international travel ticket or purchase of only hotel accommodation, by in itself is not covered within the definition of ‘overseas tour programme package’. To qualify as ‘overseas tour program package’, the package should include at least two of the following : (i) international travel ticket, (ii) hotel accommodation (with or without food)/boarding/lodging, (iii) any other expenditure of similar nature or in relation thereto.[/ans][/faq]
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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow