Foreign Company for AY 2022-23

Returns and Forms Applicable for Foreign Company for AY 2022-23

Disclaimer: The content on this page is only to give an overview / general guidance and is not exhaustive. For complete details and guidelines, please refer Income Tax Act, Rules and Notifications.

Foreign Company:

As per Section 2(23A) Foreign Company means a company which is not a Domestic Company.

1. ITR-6

Applicable for Companies other than those claiming exemption u/s 11.

Company includes:

Indian Company

Body corporate incorporated by or under the laws of country outside India

Any institution, association or body, whether incorporated or not and whether Indian or Non-Indian which is declared by general or special order of the Board, to be Company, etc.

Forms Applicable

1. Form 26AS – Annual Information Statement

Provided by

Details provided in the form

Income Tax Department

(It is available on the TRACES portal that may be accessed after logging on to e-Filing portal or Internet Banking)

Tax Deducted / Collected at Source
Advance Tax / Self-Assessment Tax paid
Specified Financial Transactions
Demand / Refund
Pending / Completed proceedings

2. Form 16A – Certificate u/s n 203 of the Income Tax Act,1961 for TDS on Income other than Salary

Provided by	Details provided in the form
Deductor to Deductee	Form 16A is a Tax Deducted at Source (TDS) Certificate issued quarterly that captures the amount of TDS, Nature of Payments and the TDS payments deposited with the Income Tax Department

3. Form 3CA-3CD

Submitted by	Details provided in the form
Taxpayer requiring mandatory audit under any other law and who is required to get his accounts audited by an Accountant u/s 44AB. To be furnished on or before 30th September of the Assessment Year.	Report of Audit of Accounts and Statement of Particulars required to be furnished u/s 44AB of the Income Tax Act, 1961

4. Form 3CE

Submitted by	Details provided in the form
Non resident taxpayer or Foreign Company doing business in India who is required to obtain a report from a accountant u/s 44DA for receipt of specified incomes from specified persons. To be furnished at least 1 month before due date of filing of return u/s 139(1) i.e. 30th September of Assessment Year. .	Report from an Accountant relating to receipt of income by way of royalty or fees for technical services from Government or an Indian concern

5. Form 29B

Submitted by	Details provided in the form
Taxpayer who is required to obtain a report from an accountant u/s 115JB of the Income Tax Act,1961. The same is to be furnished at least one month before the due date for filing of return u/s 139(1)	Report, in case of Company to which section 115JB applies, certifying that the book profit has been computed in accordance with the provisions of Section 115JB

6. Form 10CCB

Submitted by	Details provided in the form
Taxpayer who is required to obtain a report from an Accountant to claim the deductions u/s 80(7) / 80- IA / 80-IB / 80-IC / 80-IE of the Income Tax Act,1961.	Audit Report in Form 10CCB is a mandatory requirement to claim deduction u/s 80-I (7) / 80- IA / 80-IB / 80-IC / 80-IE. It is to be filed one month before the due date for filing ITR u/s 139(1)

Tax Slabs for Foreign Company for AY 2022-23

Condition	Income Tax Rate
Royalty from Government or an Indian concern in pursuance of an agreement made with the Indian concern after 31st March 1961, but before 1st April 1976, or fees for rendering technical services in pursuance of an agreement made after 29th February 1964 but before 1st April 1976 and where such agreement has, in either case, been approved by the Central Government	50%
Any other income	40%

Surcharge, Marginal Relief and Health & Education cess

What is Surcharge?

Surcharge is an additional charge levied for persons earning income above the specified limits, it is charged on the amount of income tax calculated as per applicable rates:

2% - Taxable income above ₹ 1 crore - Up to ₹ 10 crore
5% - Taxable above ₹10 crore

What is Marginal Relief?

Marginal Relief is a relief from surcharge, provided in cases where the surcharge payable exceeds the additional income that makes the person liable for surcharge. The amount payable as surcharge shall not exceed the amount of income earned exceeding ₹ 1 crore and ₹ 10 crore respectively.

What is Health and Education cess?

Health and Education cess @ 4% shall also be paid on the amount of income tax plus surcharge (if any).

Note: A Foreign Company not falling under Exp.4 of section 115JB shall be liable to pay Minimum Alternate Tax (MAT) at 15% of book profit (plus surcharge and Health and Education cess as applicable) where the normal tax liability of the Company is less than 15% of book profit.

Investments / Payments / Incomes on which I can get Tax Benefit

Tax deductions specified under Chapter VI-A of the Income Tax Act

80G

Deduction towards donations made to prescribed funds, charitable institutions, etc.

Donation are eligible for deduction under the below categories:

Subject to qualifying limit

100% of donation made

50% of donation made

Without any limit

100% of donation made

50% of donation made

Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹ 2000/-

80GGA

Deduction towards donations made for Scientific Research or Rural Development.

Donation are eligible for deduction under the below categories:

Research Association or University, College or other Institution for:

Scientific Research
Social Science or Statistical Research

Association or institution for:

Rural Development
Conservation of Natural Resources or for afforestation

PSU or Local Authority or an Association or Institution approved by the National Committee for carrying out any eligible project

Funds notified by Central Government for

Afforestation
Rural Development

National Urban Poverty Eradication Fund as set up and notified by Central Government

Note: No deduction shall be allowed under this section in respect of donation made in cash exceeding ₹ 2000/-, or if Gross Total Income includes income from Profit / Gains from Business / Profession.

80GGC

Sum contributed to Political Party or Electoral Trust is allowed as deduction (subject to certain conditions)

Deduction of total amount paid through any mode other than cash

80IAB

Deduction in respect of Profits and Gains by an Undertaking or an Enterprise engaged in development of Special Economic Zone

(subject to certain conditions)

100% of profit for 10 consecutive AY out of 15 AY beginning from the year in which a Special Economic Zone has been notified by the Central Government

No deduction to an Assessee, where the development of Special Economic Zone begins on or after 1st April 2017

80IB

Deduction towards profits and gains from specified industrial undertakigs other than infrastructure development undertakings- 100% of profit for 10 years from the AY in which it is approved by prescribed authority (if approved after 31st March 2000 but before 1st April 2007)

The deduction under this section is available to an assessee whose gross total income include any profits and gains derived from the business of:

Industrial Undertaking including an SSI in J&K

Commercial Production and Refining of Mineral Oil

Processing, Preservation and Packaging of Fruits or Vegetables, Meat and Meat Products or Poultry or Marine or Dairy Products, Integrated Business of Handling, Storage and Transportation of Food Grains

Indian Company with scientific and industrial research and development as its main object and approved by prescribed authority shall be entitled to claim deductions

(Subject to certain conditions)

100% / 25% of profit for 5 / 10 / 7 years as per conditions specified for different types of undertakings from the AY in which it is approved by prescribed authority (if approved before 1st April 1999)

80IBA

Profit and Gains derived from Developing and Building Housing Projects

100% of profit subject to various conditions specified

80IC

Deduction in respect of certain Undertakings in Himachal Pradesh, Sikkim, Uttaranchal and North-Eastern states

(subject to certain conditions)

100% of profits for first 5 AY and 25% (30% for a Company) for next 5 A.Y. to manufacture or produce specified article or thing

80IE

Deduction to certain Undertakings set up in North- Eastern states

(subject to certain conditions)

100% of profits for 10 AY subject to various conditions specified

80JJAA

Deduction in respect of Employment of New Workers / Employees, applicable to Assessee to whom Section 44AB applies

(subject to certain conditions)

30% of additional employee cost for 3 AY, subject to certain conditions

80LA

Deduction for Income of Offshore Banking Units and International Financial Services Centre

(subject to certain conditions)

100% / 50% of specified income for 5 / 10 AY, as per specified conditions