Tax Query: Clarifying tax implications for payments using international credit/debit card under LRS bl-premium-article-image

Sanjiv Chaudhary Updated - June 03, 2023 at 08:16 PM.
Does tax waiver apply on money remitted by parents as gift to children living abroad?
The Finance Ministry has stated that payments up to ₹7 lakh using international debit/credit cards will not be part of the Liberalised Remittance Scheme and not attract TCS. I need clarity on the above statement. I would like to know whether above relaxation (waiver of TCS) is applicable to the outward foreign remittance made up to ₹7 lakh to son or daughter residing in a foreign country, as gift by father or mother.

RM Ramanathan

Under the Liberalised Remittance Scheme under Indian Foreign Exchange Laws, all resident individuals in India, including minors, are permitted to remit up to $2,50,000 per financial year (April–March) for any permissible current or capital account transaction or a combination of both.

Further, recently, Budget 2023 increased Tax Collected at Source (TCS) for foreign remittances under LRS from 5 per cent to 20 per cent (except for education and medical purposes). This amendment to the law will be effective from July 1, 2023. However, after the latest press release from the Finance Ministry, on May 19, 2023, it was clarified that payments made using international debit/credit card up to ₹7 lakh would be excluded from LRS limit and thus not attract TCS.

Also read: BL Explainer: The 20% TCS on overseas credit card spends

Thus, any remittance out of international credit or debit card in excess of ₹7 lakh would immediately attract TCS of 20 per cent on/after July 1, 2023. If an individual, whom we assume would be resident in India, uses his debit card to send a gift to his children who are resident overseas as an outward foreign remittance up to ₹7 lakh, that would not be liable to TCS and the above would apply.

The writer is a Partner with BDO India LLP

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Published on June 3, 2023 14:46

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