GX Ltd. is a foreign company having business operations in India. The company has made prescribed arrangements for declaration and payment of dividends within India and paid preference share divided of ₹880 lakh for fina

CS Professional · Advanced Tax Laws and Practice · PYQS · June 2017
GX Ltd. is a foreign company having business operations in India. The company has made prescribed arrangements for declaration and payment of dividends within India and paid preference share divided of ₹880 lakh for financial year 2016-17. Is dividend distribution tax payable by the foreign company? Is there any time limit for payment of DDT? Can GX Ltd. avail deduction in respect of DDT paid?

Answer & Explanation:

As per the provision of Section 2(22A) of the Income tax Act, 1961, in case of a foreign company, which has made prescribed arrangement for declaration and payment of dividends within India, the same will be treated as domestic company. Therefore, in the above case, GX Ltd. the foreign company, will be treated as a domestic company and would be liable to pay dividend distribution tax. The dividend distribution tax shall be deposited within 14 days of the declaration / distribution or payment of dividends whichever is earlier. The deduction for the payment of dividend distribution tax shall not be allowed as deduction under the provision of Income tax Act, 1961.

Topics: Income Tax Act, 1961

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