Hello Auditor

What is TAN requirement for export businesses?

TDS on Domestic Transactions

  • Export businesses may not deduct TDS on income earned from exports as it is generally exempt under certain sections.
  • However, they are still liable to deduct TDS on domestic payments such as:
    • Rent for office premises
    • Contractor and consultant payments
    • Professional fees and commissions
  • For such payments, TAN is mandatory under Section 203A of the Income Tax Act.

Payments to Indian Service Providers

  • Export businesses often engage Indian vendors and professionals (e.g., packaging agents, freight forwarders, digital marketers).
  • When payments to these providers cross the TDS threshold, the business must deduct TDS and quote its TAN in returns and certificates.
  • TAN is required to deposit the deducted amount and issue Form 16A to the recipients.

No TAN for Export Revenue Receipt

  • Revenue received from foreign buyers for exported goods or services does not require TDS deduction, so TAN is not required for such inward receipts.
  • TAN obligations are limited to payments made within India that are covered under TDS provisions.

Use of TAN in TDS Returns and Refund Claims

  • Exporters with TAN must file quarterly TDS returns (Form 26Q, etc.) for all applicable deductions.
  • If excess TDS is deducted and refund is due, proper TAN usage ensures that tax credits are traceable and reconciled with vendor accounts.
  • TRACES and Form 26AS reflect these deductions only if TAN is used correctly.

Audits and Compliance Reporting

  • TAN of the exporter must be reported in Form 3CD during a tax audit under Clause 34.
  • The auditor checks whether the export business has fulfilled its TDS obligations using the correct TAN.
  • Failure to obtain or quote TAN correctly in these cases leads to penalties under Section 272BB.

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