Foreign Investment Tax to be 20% — All you need to Know

It was the onset of February 2023 when India began the cold month with an even colder budget announcement. It was dreading especially for the US stock market enthusiasts and wanderlust-filled globetrotters. The Finance Minister, Nirmala Sitharaman, dropped a bomb, announcing a whopping 20% TCS(Tax collected at Source) on foreign remittances. 

Too many jargons? We’ve got your back. Let’s simplify this!

What is the meaning of TCS? 

TCS or Tax collected at source is the amount collected by the seller of goods from the buyer at the time of sale at a prescribed tax rate which is then remitted to the government. Prior to the announcement of budget 2023, when making remittances under the LRS(Liberalized Remittance Scheme), individuals were liable to pay a TCS of 5% on the total remittances  Mexceeding Rs. 7 lakhs within a financial year. 

The increase in TCS is expected to generate more revenue for the government through tax collection. The government also wants to ensure that those spending money abroad file returns in their own country. 

LRS as per Budget 2023

  1. TCS on investments

Under the proposed Budget of 2023, when converting Indian Rupees (INR) to any other currency for investment in listed equities or any other purpose, a Tax Collected at Source (TCS) of 20% will be levied on the total remittance amount within a financial year. For instance, if an individual wants to convert INR 10 lakhs to US Dollars for investment purposes, the bank will deduct a TCS of INR 2 lakhs.

  1. TCS on overseas tour packages

Similarly, for converting INR to any other currency for the purpose of an overseas tour package, a TCS of 20% will be applicable on the total remittance amount within a financial year. For instance, if someone wants to convert INR 10 lakhs to US Dollars for spending on an overseas tour, the bank will deduct a TCS of INR 2 lakhs.

  1. TCS on overseas education and medical treatment

However, for the purpose of overseas education and medical treatment, a TCS of 5% will be applicable only on the aggregate amount exceeding INR 7 lakhs being remitted within a financial year.

Can you claim back your TCS?

Banks deduct Tax Collected at Source (TCS) on remittances made under the proposed budget of 2023, but the deducted amount can be adjusted against the taxpayer’s overall tax liability. The TCS can either be claimed as an income tax refund or used as a credit while filing income tax returns or computing advance taxes. The bank will provide a TCS certificate upon deduction, which can be used when claiming TCS in the Income Tax Return (ITR) filing.

For example, let’s assume an individual wants to remit INR 4 lakhs and the bank deducts a TCS of INR 80,000. Now, if the individual’s overall tax liability is INR 2 lakhs while computing advance taxes or filing income tax returns, he/she can adjust the TCS against their tax liability. This means that the individual’s net tax liability will be reduced to INR 1,20,000 after adjusting the TCS.

 

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