Form 27Q – NRI TDS Returns

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Form 27Q serves as a TDS Return or Statement, outlining the tax deducted at source (TDS) on payments other than salary disbursed to Non-Resident Indians (NRIs) and foreigners. It must be submitted quarterly by the due date. Form 27Q includes information regarding payments made to NRIs and the corresponding TDS deductions by the deductor. This article provides an in-depth examination of Form 27Q – NRI TDS Returns. More importantly we believe in providing our clients with the complete knowledge about the services that they are looking to avail of.

Form 27Q – NRI TDS Returns Services in Ahmedabad
Form 27Q – NRI TDS Returns

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    Form 27Q – NRI TDS Returns Services in Ahmedabad​

    Payer and Payee

    The responsibility of deducting TDS falls on the payer, regardless of their status, such as HUF, individual, or firm, when making payments to a non-resident. The payee, in this case, is a non-resident whose residential status is determined as per the Income Tax Act.

    Payments Covered under Form 27Q

    Every deductor who disburses payments of a specific nature to Non-Resident Indians must deduct TDS from such payments at the prescribed rate. The following are the types of payments covered in Form 27Q:

    • Payments to non-resident athletes and sports associations
    • Other payments due to Non-Residents
    • Earnings of Foreign Institutional Investors from securities
    • Earnings related to Units held by Non-Residents
    • Interest income on individual bonds and Government Securities
    • Payments concerning Units to an Offshore Fund
    • Interest income from infrastructure Debt funds
    • Returns from Foreign Currency Bonds or Shares of Indian Companies payable to Non-Residents
    • Interest income from Indian companies engaged in specific business activities
    • Disbursement of the accrued balance of the provident fund, subject to taxation in the employee’s hands
    • Income distributed by an investment fund to a unitholder
    • Returns on investment in the securitization trust

    Details Required for Filing Form 27Q

    Following features are required to file Form 27Q:

    S No. 

    Entity

    Details

    1

    Deductor

    PAN, TAN, Name, Address and Contact Details

    2

    Responsible Person

    Name, PAN, Address and contact details

    3

    Challan

    Challan serial number, BSR Code, TDS, Surcharge and Education Cess paid

    4

    Deduction

    Deductee name, PAN, Amount paid or credited, TDS deducted and deposited

     

    If an NRI’s PAN is not available, additional details such as Tax Identification Number (TIN), Permanent Address, Country of residence, Email, and Contact details must be provided in Form 27Q.

    Due Date for Filing Form 27Q

    The due date for payment of TDS deducted on salary for each month is the seventh of the following month. For March, it is April thirtieth of the subsequent year. The due date for filing Form 27Q for each quarter is as follows:



    Quarter

    Period

    The due date for Filing Form 27Q

    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

     

    Sections of Form 27Q

    Form 27Q consists of three sections: Statistics of Voucher, Deduction Details, and Payment Details.

    Statistics of Vouchers

    All transactions, regardless of their accuracy, completeness, or correctness, will be documented and classified in Form 27Q as follows:

    Included Transactions

    Transactions that are considered for inclusion in generating Form 27Q are mentioned below:

    • Booking entries with or without TDS deduction
    • TDS deduction entries
    • Advance payments made to parties
    • TDS adjustment entries for government entities
    • Entries reflecting TDS reversals and deductions related to escalations and de-escalations

    Excluded Transactions

    Transactions that are excluded from generating Form 26Q are detailed below:

    • Entries where TDS is not applied
    • Entries recorded using the following Voucher Types:
      • Payment
      • Contra
      • Inventory Vouchers
      • Sales Order
      • Purchase Order
      • Debit Note (for purchases without TDS implications)
      • Credit Note (entries without TDS implications)
      • Optional Vouchers
      • Payroll Vouchers

    Uncertain Transactions

    Transactions that do not meet the criteria for the included or excluded categories will be listed as Uncertain when there is insufficient information entered in:

    • Masters
    • Transactions

    Deduction Details

    This section indicates the type of deduction under which each of the included transactions is categorized. 

    The deduction details are classified into the following types:

    – Deduction at Normal Rate

    – Deduction at Higher Rate

    – Lower Rated Taxable Expense

    – Zero Rated Taxable Expense

    – Under Exemption Limit

    – Except instead of PAN Available

    The tax-deductible amount, assessable value, and the tax deducted for transactions categorized in the above groups are presented here.

    Payment Details

    This will encompass the statistics of all TDS payments (deemed or actual) recorded in the data up to the present date. It will exclude any payment entries unrelated to the current period, including those other than TDS payments.

    This section will display the payments against two fields:

    • Included Transactions
    • Excluded Transactions

    Procedure to Deduct TDS

    TDS must be deducted at the time of making the payment to the Non-resident Indian (NRI). The details regarding the TDS deduction and the applicable rate should be specified in the sale deed between the NRI seller and the buyer. As stated earlier, the TDS deducted by the buyer must be remitted through challan for TDS payment on or before the 7th of the following month in which the TDS is deducted. The deposit needs to be made by the buyer.

    After depositing the TDS, the buyer is required to file a TDS return by submitting Form 27Q. TDS returns are filed quarterly, within 15 days of the end of the quarter.

    Once the TDS returns are filed using Form 27Q, the buyer can issue a TDS certificate (Form 16A) to the NRI seller. This TDS certificate should be issued to the seller within 15 days from the due date of TDS returns for the quarter.

    Form 27Q is a quarterly statement of deduction of tax at source (TDS) filed by a person responsible for making payments to non-residents, including NRIs (Non-Resident Indians), for income sources in India.

    Any person responsible for making payments to non-residents, such as companies, individuals, or firms, is required to file Form 27Q if TDS has been deducted on payments made to NRIs.

    Form 27Q covers various types of payments made to non-residents, including interest, dividend, royalty, fees for technical services, and other specified incomes.

    Form 27Q is filed quarterly, i.e., it needs to be filed four times a year. The due dates for filing Form 27Q are July 31st, October 31st, January 31st, and May 31st for the respective quarters of the financial year.

    Form 27Q requires details such as the name and address of the deductor (person responsible for deducting TDS), PAN of the deductor, PAN of the deductee (NRI), amount paid or credited, TDS deducted, nature of income, and other relevant details.

    Yes, Form 27Q can be filed electronically through the NSDL (National Securities Depository Limited) or UTIITSL (UTI Infrastructure Technology and Services Limited) websites. Electronic filing is mandatory for entities who are required to get their accounts audited under Section 44AB of the Income Tax Act.

    Yes, there are penalties for late filing of Form 27Q. If the form is not filed within the due date, a penalty may be levied under Section 234E of the Income Tax Act. Additionally, interest may be charged for delayed payment of TDS.

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