1 yes 2 Give details of earnings and expenses in foreign exchange
An Indian private company receives payment for online services from foreign customers by paypal / swift transfer. The swift transfer in USD is handled by Indian bank that is authorized by RBI. Similarly paypal handles USD and converts back to INR. Finally, all USD amounts are deposited to company bank account as INR . 1) Will it be considered as foreign exchange inflow for the company? 2) What should be mentioned under foreign exchange inflow/outflow in director's report for above case? Looking forward your reply. Thank you.
1 yes 2 Give details of earnings and expenses in foreign exchange
In this transaction, it is the inflow of the foreign exchange in India . please obtain the FIRC ( Foreign Inward remittance certificate ) from the Indian Bank , and it will be treated as the inflow of the foreign exchange . The BRC issued by the bank will be very useful The director report should contain the detail of the invoice done ( FOB value of the exports of services ) , payment received and payment outstanding if any . If the payment is outstanding for more than six months , it has to separately reported .
Thanks a lot for the reply. I would like to add few details for follow up question. - Invoice raised in INR: Let's say USD 100 is paid by customer in paypal/swift and deposited to bank account as INR 6000. The accountant raises invoice based on INR value of that transaction on date of deposit. - Low value transaction: The transactions from customers are within USD 100 and bank says FIRC and BRC are required for high value transactions only. 1) Is any RBI approval required for company in this case? 2) Will it be considered as foreign exchange inflow because USD conversion is handled by bank? 3) What is FIRC and BRC and whether necessary for company keeping in mind above facts? 4) Is it required to mention foreign exchange in director's report since accounts maintained in INR? 5) Is any changes required in current accounting practice of invoice? Looking forward your reply. Thank you.
You dont need RBIn approval for such purposes . yes it will be earnings in foreign exchange and it is good to report such. If you are claiming relief based on export earnings , you need firc from bank . It will give a good profile to company it it is earning in foreign currency. you check Foreign Trade policy for documentation in this regard.
Thanks for the reply. I find an article on internet that says FIRC isn't required for Indian exporter and link is below: http://howtoexportimport.com/No-Bank-realization-Certificate-BRC-required-for-I-192.aspx 1) Is it still required to get FIRC from bank in 2015? 2) When FIRC is required for service tax filling / ROC filling / IT filling? 3) What happens if you claim service tax exemption on export without FIRC in service tax filling? (While filling service tax return they don't ask for it) 4) What happens if director's report doesn't mention about foreign exchange? (It is also difficult since accounts are maintained in INR) Looking forward your reply. Thank you.
already the same is being answered by my professional colleagues.
1. Required 2. FIRC not required for service tax, Roc filling and IT filling, its the details like total income or total service provides is used in aforesaid returns 3.No issue but please note that your service must be fall under Export of service definition as per service tax Act 4. You need to report the same in Report
Thanks for the reply. I have some more questions in this issue. 1) Can total exports be shown in INR value (like Rs.12 lakhs) as foreign exchange inflow in director's report? 2) Is it mandatory to have FIRC if you mention foreign exchange inflow in director's report? 3) What is the penalty if director's report doesn't mention about foreign exchange at all? The company also pays foreign website to use their services in USD. Those payments are made by director's credit card and shown as director's loan and later paid him back. 4) Will such payments considered as foreign exchange outflow? If yes, Is necessary to mention that in director's report as well? 5) Is any certificate or document required in case of above foreign exchange outflow? Looking forward your reply. Thank you.
1.No the amount which you recd from them is to be shown as foreign inflow 2. Yes for the sake maintaining true and fair view of the report , material things need to report 3. Yes, If it is likely to have adverse affect on the interest of stakeholder. 4.Yes , the same will b disclosed as foreign outgo 5. Yes , you need to take 15CA/15CB at the time of Payment from Chartered Accountant
I think I am late in joining this interesting issue. Normally I would have passed it over, as the queries were addressed to other professional colleagues. However, I thought I could add few points here. If the company's bank account is credited with the foreign currency converted into INR, then the company can say that it has received foreign currency directly through its bank. Instead of a bank, an agency like paypal receives the foreign currency in your account, which is normally maintained in foreign currency and you decide it to convert into INR at any point of time, then you are taking the benefit / risk of foreign exchange fluctuation. Nevertheless, the amount received by you in this way is also your foreign exchange earnings. These are inward foreign exchanges remittances to your account. The actual foreign exchange earned by you should be disclosed in the Directors' report. As regards the foreign exchange outflow, the actual remittance by way of foreign exchange will have to be disclosed by you in the Directors' report. Foreign exchange remittances upto certain limits are allowed without any prior approval for different purposes. If you are making any payment to a Non Resident, you must be careful about TDS u/s 195. You will not be able to remit, unless you get a CA certificate about the remittance of tax deducted at source, if applicable. As regards the payments through the accounts of the directors, you need to check with the compliance with the provisions of Companies Act 2013 regarding borrowings from directors and related parties.
1. Schedule III requires following information: I export of goods calculated on F.O.B. basis II Royalty, knowhow, professional and consultation fees. III Interest and divident VI other income indicating the nature thereof. 2 If you are claiming any relief based on exports then you should have firc.