TCS on Foreign Remittance

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Swapnil Agarwal

Foreign Remittance
LRS
TCS
Last updated on February 7th, 2024

Many individuals in India utilize the Liberalised Remittance Scheme (LRS) by the RBI to send money abroad for purposes such as studies, medical treatment, business, and training. However, in the Budget 2020, the Finance Minister introduced a new provision. Under this provision, if the remitted amount under the LRS surpasses the specified limit, Tax Collected at Source (TCS) becomes applicable on the excess foreign remittance. The objective behind this provision is to monitor remittances and establish a correlation with the income tax returns of the individuals making such remittances.

What is LRS?

The Liberalised Remittance Scheme enables individual Indians to remit funds outside India up to USD 2,50,000 in a financial year. However, Corporates, Partnership firms, HUF, Trusts, etc., are not eligible under this scheme. Additionally, when a minor makes the remittance, the Minor’s guardian must sign the LRS declaration form.

The person can make the following remittances under this scheme:

Note: Under certain conditions, universities or medical institutes may permit individuals to exceed the prescribed limit of the Liberalised Remittance Scheme (LRS) for studies or medical treatment.

Is TCS applicable on Foreign Remittances?

TCS is applicable in the following situations:

TCS on International Credit Card Payments

The Finance Ministry on 28th June 2023 notified new rules under FEMA, stating that if you have done any transaction through international credit cards while being overseas would not be counted as LRS and hence would not be subject to TCS till further order.

However, If you swipe your credit card, debit card, or forex card from 1st October 2023 onwards for more than INR 7 lakhs for any other purpose under the LRS, then TCS at 20% will be applicable.

Rate of TCS on Foreign Remittance

Type of RemittanceRate
For Educational purposes (Loan taken from financial institution)1. Nil upto INR 7,00,00
2. 0.5% above INR 7,00,000
For Educational purposes/ Medical treatment ( Other than finance by loan)1. Nil upto INR 7,00,000
2. 5% above INR 7,00,000
Purchase of overseas tour package5% till INR 7,00,000, 20% thereafter

Any other case1. Nil upto INR 7,00,000
2. 20% above INR 7,00,000

Let’s understand this with the help of an example:

Example 1: Shyam is transferring INR 10,00,000 under the Liberalized Remittance Scheme (LRS) for medical treatment. In this scenario, the seller must collect Tax Collected at Source (TCS) at a rate of 5% on the amount exceeding INR 7,00,000. Thus, the TCS amount will be INR 15,000 (5% of INR 3,00,000).

Example 2: Ram is considering buying an overseas tour package from a tour operator, and the package costs INR 8,00,000. As per the guidelines of Budget 2023, the seller needs to collect Tax Collected at Source (TCS) at a rate of 20% on the entire amount, resulting in a TCS of INR 1,60,000 (20% of INR 8,00,000). Consequently, Ram is expected to make a total payment of INR 9,60,000 to the tour operator.

When to collect TCS on Foreign Remittance?

One should collect TCS either at the time of:

Exemptions from TCS

Following are the conditions in which TCS will not be applicable:

TCS Return

The seller must file a return in Form 27EQ if the seller has collected TCS on foreign remittance or the sale of the overseas tour package. Additionally, the seller can issue a certificate in Form 27D to the buyer whose tax has been collected.

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FAQs

Will TCS be applicable on air tickets purchased from an air travel agent?

No, the sale of air tickets will not attract TCS unless or until it is a complete package itself.

Are Individuals or HUF also required to collect TCS?

Yes, All the Individuals and HUF are required to collect TCS from the buyer. They have not been given any exemption under the same.

Are domestic tour operators required to collect TCS from Non-resident Indians visiting India?

No, CBDT has given relaxation to NRI visiting home. Now, the sale of overseas tour packages to non-resident individuals visiting India does not require the seller to collect TCS.

Is GST applicable on TCS?

No. GST is not applicable on the TCS. However, GST will apply to the currency
conversion, remittance charges, or any other charges as applicable.

Will TCS credit be refunded in the event of cancellation of a foreign tour?

No, If the seller has already deposited the TCS to the Government, it will not be refunded. However, you can claim a refund of the same amount while filing the income tax return.

Got Questions? Ask Away!

  1. Hey @Ansar_Firozs,

    You can submit a declaration stating your PAN and name to not collect TCS from you as you will be deducting TDS.

    Hope this helps!

  2. Hey @Deepanshujha,

    If you book a tour package for travelling abroad, whether online or offline, and the cost is more than Rs 7 lakh in a year, you need to pay TCS at a rate of 20% starting from October 1, 2023. If the tour package costs up to Rs 7 lakh, the TCS rate is 5%. The company you book with will collect this tax when you make the booking.

    However, you can claim this amount when you file your Income Tax Return (ITR). The details of TCS will be in your Form 26AS, which you can use when filing your ITR.

    You can read the following article that explains the same in detail:

  3. Hey @Deepanshujha,

    You can make standalone bookings. The definition of “tour packages” is not exactly defined in the Income Tax Act and hence we can assume that TCS will not be levied in case of standalone bookings.

    Hope this helps!

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