CBDT notifies amendment to FATCA rules

INCOME-TAX (FIFTEENTH AMENDMENT) RULES, 2016 - AMENDMENT IN RULES 114F, 114H AND SUBSTITUTION OF FORM NO.61B

NOTIFICATION NO. SO 2151(E)[NO.48/2016 (F.NO.142/6/2016-TPL)], DATED 20-6-2016

In exercise of the powers conferred by section 285BA read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Government with respect to registration of persons, due diligence and maintenance of information, and the Central Board of Direct Taxes for matters relating to statement of reportable accounts, hereby make the following rules further to amend the Income-tax Rules, 1962, namely:—
1. (1) These rules may be called the Income-tax (15th Amendment) Rules, 2016.
(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

2. In the Income-tax Rules 1962 (hereafter referred to as the said rules) in rule 114F, in clause (6), in the Explanation, in clause (D),—
(a) in sub-clause (ii), for the word, brackets and figure "clause (3)", the words, brackets and figure "clause (3), which is not located in any of the jurisdictions specified by the Central Board of Direct Taxes in this behalf" shall be substituted;
(b) for sub-clause (iii), the following sub-clause shall be substituted, namely:—
"(iii) not a withholding foreign partnership or a withholding foreign trust;",

3. In the said rules, in rule 114H,—
(a) in sub-rule (3),—
(I) in clause (b), in sub-clause (i), for item (D), the following item shall be substituted, namely:—
"(D) in case of U.S. reportable account, any standing instructions to transfer funds to an account maintained in a country or territory outside India and in case of other reportable account, any standing instructions (other than with respect to a depository account) to transfer funds to an account maintained in a country or territory outside India; or";
(II) in clause (c), in sub-clause (ii), for item (E), the following item shall be substituted, namely:—
"(E) in case of U.S. reportable account, any standing instructions to transfer funds currently in effect and in case of other reportable account any standing instructions (other than with respect to a depository account) to transfer funds currently in effect:";
(III) in clause (d), for sub-clause (ii), the following sub-clause shall be substituted, namely:—
"(ii) in case of a U.S. reportable account which is low value account as on the 30th June, 2014, shall be completed by the 30th June, 2016 and in case of other reportable account which is high value account as on the 31st December, 2015, shall be completed by the 31st December, 2016;";
(b) in sub-rule (5), in clause (e), for sub-clause (i), the following sub-clause shall be substituted, namely:—
"(i) review of pre-existing entity accounts with an aggregate account balance or value that exceeds an amount equivalent to two hundred and fifty thousand U.S. dollars as on the 30th June, 2014 (in case of a U.S. reportable account) shall be completed by the 30th June, 2016 and review of pre-existing entity accounts with an aggregate account balance or value that exceeds an amount equivalent to two hundred and fifty thousand U.S. dollars as on the, 31st December, 2015 (in case of other reportable account) shall be completed by the 31st December, 2016;".

4. In the said rules, in Appendix-II, with effect from 1st January, 2017, for Form 61B, the following form shall be substituted, namely:—
"FORM NO. 61B

[See sub-rule (8) of rule 114G]
Statement of Reportable Account under sub-section (1) section 285BA of the Income-tax Act, 1961 (see instructions for guidance)
PART A: STATEMENT DETAILS

(This information should be provided for each Statement of Reports submitted together)

Source : taxmann