Withholding tax claim next FY year

TDS 80 views 1 replies

Dear Expert,

We have issued foreign invoice in FY 2020-2021 but the party has not paid in FY 2020-21 and they have not deducted withholding tax in FY 2020-21. Now the party has made the payment 
and has given the certificate after deducting the withholding tax in the financial year 2021-2022. As to our concern, that we have not made any invoice to the same party in the financial year. 2021-2022, but they have deducted withholding tax in FY 2021-2022, my question is can we claim this withholding tax in FY 2021-2022.

 

 

Replies (1)

Hi Aryan,

This is a common scenario involving delayed receipt of foreign payments and corresponding TDS/WHT deduction in a later financial year.

Key Points:

  • Invoice was issued in FY 2020-21 but payment (and WHT deduction) happened in FY 2021-22.

  • You did not have any invoice or income in FY 2021-22 related to this party.

  • WHT certificate was provided for the FY 2021-22 when payment was actually made.

Can you claim the WHT credit in FY 2021-22?

Yes, you can claim the credit for the withholding tax deducted in FY 2021-22, even though the invoice was issued in the previous year.


Why?

  • Income is taxable on receipt basis (especially for foreign income) in many cases.

  • Tax deducted (WHT) is on the actual receipt of payment, not just on invoice issuance.

  • The WHT certificate is issued for the year in which tax is deducted (FY 2021-22).

  • Therefore, the credit for this WHT will be reflected in FY 2021-22, which is when you actually got the payment and tax deduction.


What you should do:

  1. Report the income and claim WHT credit in FY 2021-22 (the year of receipt).

  2. Disclose the foreign income and the WHT certificate details while filing income tax return for FY 2021-22.

  3. Maintain all documents like invoice (FY 2020-21), payment proof (FY 2021-22), and WHT certificate (FY 2021-22) for records and future scrutiny.


Additional note:

  • The accounting entry for income should be in the year payment is received (FY 2021-22), so income recognition and tax credit claim will align.

  • If your accounting is on accrual basis and income was recognized in FY 2020-21, consult your tax advisor for alignment on income recognition and tax credit claim.


CCI Pro

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