As per the Income Tax Act, every person is responsible to deduct tax under section 195 if they are making any payments to the NRI. Thus, the person who is making such payments is required to report those transactions and the deductor is required to file Form 27Q.
What is Form 27Q?
Form 27Q is a TDS Return/ Statement containing details of TDS deducted on payments other than salary made to NRI. Form 27Q is to be filed on a quarterly basis on or before the due date. As per the Budget 2016, Non-resident Indians without PAN are not subject to a higher rate of TDS subject to prescribed conditions. Form 27Q contains details of payments made and TDS deducted on such an amount.
Payments covered under Form 27Q
The nature of payments covered in Form 27Q:
- Payments to non-resident Sportsmen/Sports Associations.
- Income in respect of Units of Non-Residents.
- Payments in respect of Units to an Offshore Fund.
- Income from Foreign Currency Bonds or Shares of Indian Company Payable to Non-Resident.
- Income of Foreign institutional investors from securities.
- Income by way of interest from an Infrastructure Debt fund.
- Income by way of interest from an Indian company engaged in certain Business.
- Income by way of interest on certain bonds and Government Securities.
- Investment fund paying an income to a unit holder.
- Income in respect of investment in securitization trust.
- Income by way of LTCG u/s 112 or 112A
- Income by way of STCG referred to in Section 111A
- Any other form of payment.
What are the details required to file this Form?
The following details will be needed to file Form 27EQ:
|Deductor||TAN, PAN, Name, Address, and Contact Details.|
|Responsible Person||Name, PAN, Address, and Contact Details|
|Challan||Challan serial number, BSR Code, TDS, Surcharge, and Education Cess paid|
|Deduction||Deductee Name, PAN, Amount paid/ credited, TDS deducted and deposited.|
Note: In the PAN of NRI is not available, additional details of NRI such as Tax Identification Number, Permanent Address, Country of residence, Email, and Contact details need to be added in 27Q.
Due date to file Form 27Q
The due date for filing Form 27Q for every quarter is as follows:
|Quarter||Period||The due date for filing Form 26Q|
|Q1||1st April – 30th June||On or before 31st July|
|Q2||1st July – 30th September||On or before 31st October|
|Q3||1st October – 31st December||On or before 31st January|
|Q4||1st January – 31st March||On or before 31st May|
Note: Late filling of 27Q attracts a penalty of INR 200/day until the date of filing and a maximum penalty can’t exceed the amount of TDS deducted.
After filing the TDS return, the deductor can provide a certificate in Form 16A to the non-resident within 15 days from the date of filing the return. The deductor can download the certificate from the TRACES website.
Yes, If you are making any payment including the exempt amount to the NRI you are required to file 15CA. Also if the payment exceeds INR 5,00,000 during the financial year, then it is required to be certified by a Chartered Accountant in form 15CB.
Yes, If any property is sold by NRI then the buyer is required to deduct TDS at 20% of the total amount. After deducting the TDS the buyer is required to file deduction and payment details in form 27Q.
Yes, the person who deducts the tax needs to have a TAN for filing form 27Q.