What is the late filing penalty for Form 27Q?

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Answer

The quarterly return of tax deducted at source on payments to non-residents. The exposure on this kind of filing is charged by reference to the form and the delay rather than to the tax, which is why an unfiled year with no tax can still be expensive.

What a late filing costs

The quarterly return of tax deducted at source on payments to non-residents.

The team reviewing a file together at a desk

Where the general answer is wrong

Everything the non-resident later relies on — credit for the deduction, the treaty rate, the refund claim — depends on this return being filed correctly with the right identifier and section. A wrong entry is corrected by revising the return, not on the non-resident's own filing.

What is the late filing penalty for Form 27Q?
ItemAmount
Gross amount receivedC$31,000
Withheld at source (assumed 18% of gross)C$5,580
Deductible costsC$22,320
Net amount actually earnedC$8,680
Tax on the net amount (assumed graduated result)C$2,257
Difference recoverable by filingC$3,323

Filing on a net basis recovers C$3,323 of the C$5,580 withheld. That difference is the entire reason the elective return exists, and it is lost by not filing.

Example figures throughout, selected to make the rule visible, with rates and thresholds assumed for the demonstration. Your actual filing uses figures confirmed with the issuing authority for your tax year.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Form 27Q — TDS on non-resident payments in India. Ask before the move rather than after it, because most of the useful options expire on the date.

Read and approved for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Penalty for not declaring foreign bank account, in practice

Most readers of this page are looking for penalty for not declaring foreign bank account. What follows sets out how it works for Form 27Q: who is caught by it, what has to be filed, and what the work costs, agreed before it begins.

Files that look like this one

Case study 1

Unfiled quarters on interest paid to an overseas lender

An Indian company had serviced a loan from an overseas group lender for years, deducting and remitting tax on each interest payment but never filing the quarterly return that reports it. The lender's own auditors asked for evidence of Indian tax and nothing could be produced. We reconstructed the interest payments quarter by quarter from the loan account and the remittance records, reconciled them to what had actually been paid over, and filed the outstanding quarters oldest first. The engagement produced a complete filed set of quarters and a deduction record the lender could put in front of its home revenue authority.

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Case study 2

Late return after buying a flat from a non-resident vendor

A buyer deducted tax on the purchase price of a residential property bought from a vendor living abroad, paid it over, and then discovered that the quarterly return reporting the deduction had never been filed. The vendor had over-withheld tax to reclaim and could show nothing for it. We established which quarter the payment fell in, prepared the return with the vendor's Indian tax identifier and the reporting section for a property purchase, and filed it late. The vendor's refund claim was then built against a filed record rather than against a set of bank statements.

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Case study 3

Revising a late royalty return that used the wrong section

A software company had filed its quarterly return late and, in the rush, reported deductions on licence payments to an overseas developer under a section meant for professional fees. The developer's treaty position depended on those payments being characterised as royalties. We traced each entry back to the underlying licence agreements and invoices, established the character of the payments, and revised the affected quarters so the entries matched the contracts. The engagement produced a documented characterisation of each payment stream and revised returns the developer's own adviser could rely on.

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Case study 4

Delay found during a year-end review of consultant payments

A manufacturer engaged design consultants in two countries and paid them monthly. During a review of the year's accounts we noticed deductions appearing in the ledger for periods with no corresponding quarterly return behind them. Nobody had raised it, because the tax itself had always been remitted on time. We listed every non-resident payee by quarter, matched each deduction to a remittance, identified the periods with no return, and filed them. The engagement produced an up-to-date filing history and a quarterly calendar tied to the consultants' invoicing cycle so the next period was not missed.

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Case study 5

Wrong identifier left a dividend deduction unmatched

An Indian subsidiary paid a dividend to individual shareholders abroad and filed the quarterly return after the period had closed. One shareholder's Indian tax identifier had been entered incorrectly, so the deduction sat in the return without attaching to them and they could not evidence the tax for their home filing. We confirmed the correct identifier from the shareholder's documents, revised the quarter, and reissued the deduction record. The engagement produced an entry that matched the shareholder and a written note of what had gone wrong, which the payer used to check the rest of its register.

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Case study 6

Rent to a non-resident landlord reported in the wrong return

A company leasing office space had treated its landlord as resident in India and reported the rent deductions in its ordinary quarterly filing. The landlord had in fact moved abroad years earlier. The deductions were therefore in the wrong return, at a rate set without reference to the treaty, and the landlord's foreign adviser could not use them. We established the landlord's status from the dates of departure, moved the entries into the correct non-resident return for each quarter, and filed those quarters late. The engagement produced a corrected filing history and a deduction record the landlord could use abroad.

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Case study 7

An Indian Company Paying a Foreign Supplier

Payments abroad carry deduction at source and a certification filed before the money moves. Whether the treaty reduces the rate depends on what is being bought, and the classification is the decision the whole filing rests on.

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Case study 8

Indian Rent Collected While Resident Somewhere Else

Rent from Indian property is taxed in India and again where you live, with relief on one side only. The file gets the Indian deduction right first, then claims the credit on the home return against what was actually paid.

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What people ask us about Form 27Q

I deducted the tax but never filed Form 27Q — what happens?

Paying the deduction over and filing the quarterly return are two separate obligations, and meeting the first does not discharge the second. The exposure on a filing like this is charged by reference to the form and the length of the delay rather than to the tax, so a quarter in which everything was deducted and remitted on time can still carry a cost once the return is late. The larger problem is usually the non-resident. Until the return is filed there is no official record tying the deduction to them, so the credit in their home country, the treaty rate and any Indian refund claim have nothing to rest on. File the outstanding quarters, then give the payee the resulting deduction record.

Does a quarter with hardly any deduction still cost me?

It can, because the charge for lateness is keyed to the return and the period rather than to the amount deducted. A quarter with one small payment to a single non-resident sits in the same filing cycle as a quarter with fifty of them. The instinct that a small figure is not worth a return is where most of the accumulated delay we are asked to repair comes from: a payer skips one quarter, nothing happens, and three years later there is a run of missing periods and a payee asking why their deduction cannot be traced. Where genuinely nothing was paid to a non-resident in a quarter, record how you reached that conclusion rather than leaving the gap unexplained.

Will a late Form 27Q delay the non-resident's refund?

Usually, because the refund claim is built on the deduction record the return creates. A non-resident who has been over-withheld cannot demonstrate what was taken from them until the payer's quarterly return has been filed and the entry appears against their Indian tax identifier. Where the return is late, the claim waits on the payer rather than on the payee, which makes for an awkward conversation between a buyer and a vendor, or a company and its overseas lender. If a refund is the point of the exercise, the sequence is to bring the payer's returns up to date first and prepare the payee's claim against the filed record.

Can the non-resident fix a wrong entry on their own return?

No. A wrong entry in the payer's quarterly return is corrected by revising that return, and nothing the non-resident does on their own filing repairs it. This matters because the instinct runs the other way: the payee sees a figure that does not match what was taken from them and claims the amount they believe is correct instead. That produces a claim which does not agree with the reported record, and that is slower and harder to defend than a revision. Identify what is wrong — the identifier, the section the deduction was reported under, the amount, the payment date — and have the payer revise the quarter it belongs to.

Several quarters of Form 27Q are outstanding — which comes first?

Work oldest to newest, and finish one quarter completely before starting the next. Each quarter has its own payees, its own deduction entries and its own remittance record, and a return assembled from a whole year of payments in one pass tends to put entries in the wrong period, which then needs revising. The other reason for going in order is the payees themselves. Once the earliest quarters are filed, a non-resident who has been waiting on evidence of Indian tax can begin their foreign credit claim for the earliest year while the later quarters are still being prepared.

We reported the deduction under the wrong section — can that be corrected?

Yes, by revising the quarter the entry sits in. The section a deduction is reported under carries the character of the payment — interest, royalty, professional fees, rent, dividend, the purchase price of property — and the treaty position the non-resident later claims is read against it. An entry filed under the wrong one does not merely look untidy; it describes a different transaction from the one that happened. Revise the return, then reissue the payee's deduction record so what they hold agrees with what the department holds.

What is Part XIII withholding?

Canada's flat withholding on certain payments to non-residents — dividends, interest to related parties, rents, royalties, pension and annuity payments, management fees. The payer withholds and remits, and is liable if they do not, which is why they insist on documentation. A treaty can reduce the rate, but only where the recipient has given the payer the declaration establishing entitlement before payment. Where too much was withheld, a refund claim is the route, with its own time limit. See Part XIII withholding review.

Is dividend income from Indian shares taxable for an NRI?

Yes. Dividends are taxed in the shareholder's hands, and the paying company withholds on payment to a non-resident. The treaty can reduce that withholding, but only if the documents are with the company before it pays: a tax residency certificate from your country, Form 10F, and a PAN on the register. Without them the domestic rate applies and your route back to the difference is a refund claim on an Indian return. See residency certificates and Form 10F.

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