The Income-tax Rules, 1962, specifically Rule 10DB, in India, provides the requirements and procedures for filing the Country-by-Country Report (CbCR). Here are the key points:
- Threshold: The threshold for filing CbCR is the consolidated group revenue exceeding INR 5,500 crores (approximately USD 846 million). This is in line with the OECD guidelines.
- Forms: The relevant forms for filing CbCR are Form 3CEAC and Form 3CEAD. Form 3CEAC is used for reporting CbCR information, and Form 3CEAD is used for reporting CbC information.
- Timeline: The deadline for filing CbCR is within 12 months from the end of the reporting accounting year. For FY 2016-17, the deadline was extended to 31 March 2018.
- Content: The CbCR report must include information such as the main business activities of each constituent entity, the names and addresses of the top ten unrelated lenders, and a general description of how the group is financed.
- Penalties: Failure to file CbCR can result in penalties of INR 5,000 per day for the first month and INR 15,000 per day for subsequent months. If the taxpayer fails to furnish the CbCR even after a penalty has been imposed, further penalties of INR 50,000 per day can be imposed.
- Procedure: The CbCR report is required to be filed with the Director General of Income-tax (Risk Assessment) in the prescribed forms.
These rules are in line with the OECD Action Plan 13 recommendations and aim to enhance transparency and cooperation among countries in the fight against base erosion and profit shifting (BEPS).
Key Points about Form 3CEAC:
- Purpose: The form is used to notify the Director General of Income-tax (Risk Assessment) (DGIT(RA)) about the international group and its parent entity.
- Applicability: Form 3CEAC is applicable only to entities whose international group turnover exceeds ₹55,000 million.
- Due Date: The due date for filing Form 3CEAC is two months prior to the due date for filing the corporate income tax (CIT) return, which is November 30th.
- Information Required: The form requires information such as the name and address of the constituent entity, the name and address of the international group, the name and address of the parent entity, and details about the alternate reporting entity if applicable.
- Objective: The objective of Form 3CEAC is to provide the necessary information to the authorities about the international group and its parent entity, which is essential for the Country-by-Country Report (CbCR) filing.
Key Points about Form 3CEAD:
- Purpose: The form is used to report detailed information about different multinational entities that are part of an international group, helping the tax authorities in evaluating the tax liability of such organizations accurately.
- Applicability: Form 3CEAD is applicable when the total consolidated group revenue for the preceding accounting year exceeds ₹5,500 crore.
- Due Date: The due date for filing Form 3CEAD is generally 12 months from the end of the company’s reporting accounting year.
- Information Required: The form requires detailed information about the financial dealings and operations of multinational entities, including the names and addresses of the top ten unrelated lenders, the names and addresses of the ultimate parent entity, and a general description of how the group is financed.
- Penalties: Failure to file Form 3CEAD can result in penalties of ₹5,000 per day for the first month and ₹15,000 per day for subsequent months. If the taxpayer fails to furnish the CbCR even after a penalty has been imposed, further penalties of ₹50,000 per day can be imposed.

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