Section 115bba of Income Tax Act
June 5, 2021|
6 mins read
Section 115bba of Income Tax Act 1961 – Tax on Non Resident Sportsmen or Sports association
Income of Non resident Sportsmen
Where a non-resident sportsman (including an athlete), who is a foreign citizen derives following income, they shall be taxable at 20%: –
- Income from participation in India in any game (other than winnings from crossword puzzles, races including horse races, etc. u/s 115BB) or sport; or
- Income from advertisement; or
- Income from contribution of articles relating to any game or sport in India in newspapers, magazines or journals.
Income of Non Resident Sports Association or Institute – Section 115BBA of Income Tax Act 1961
Any amount guaranteed to be paid or payable to a non-resident sports association or institutionin relation to any game (other than winning from puzzles etc. under Section 115BB) or sport played in Indiashall be taxable at 20%.
Income of Non Resident Entertainer
Any income received or receivable by non-resident entertainer, who is not a citizen of Indiafrom his performance in India shall be taxable at 20%.
Points to Consider – Section 115BBA of Income Tax Act 1961
No Other Deduction
No deduction in respect of any expenditure or allowance shall be allowed under any provision of this Act in computing the aforesaid income of sports person, association or entertainer.
Exemption from filing of returns of income
Non-resident sportsman or sports association or entertainer is not required to furnish return of income under subsection (1) of section 139, if following conditions are satisfied : –
- Total assessable income of such non-resident , which is assessable under this Act consists only of aforesaid income ; and
- The requisite TDS has been deducted from such income.
Section 115bba of Income Tax Act – Example 1
During financial year 2017-18, Chris, a Cricketer and a foreign citizen participated in India in a cricket tournament in India and won prize money of Rs 10 lacs. He also contributed articles on the tournament in a local newspaper for which he was paid Rs. 2 Lac. He was also paid RS 5,00,000 by a Soft Drink company for appearance in a T.V. advertisement. Although his expenses in India were met by the sponsors, he had to incur Rs. 5,00,000 towards his travel costs to India. He was a non-resident for tax purposes in India.What would be his tax liability in India for A.Y. 2018-19? Is he required to file his return of income, assuming TDS on all the income has been deducted by respective payors ?
Three items of receipts in India, i.e., prize money of Rs 10 lakhs, amount received from newspaper of Rs 2 lakh and amount received towards TV advertisement of Rs 5 lakhs are chargeable to tax at 20% under Section 115BBA, on a gross basis and no expenditure is allowable against such receipts.
The tax rate shall be further increased by Education Cess @2% and Secondary and Higher Education Cess @1%. The total tax liability works out to Rs. 3,50,200 being 20.6% of Rs 17 lakhs.
He is not required to file his return of income if –
- his total income during the previous year consists only of income referred above; and
- the TDS have been deducted from such incomes.
- Special Provisions Prescribed Under Chapter XII A of Income tax act
- Section 115a of Income Tax Act
- Section 115ab of Income tax act
- Section 115AC of Income tax act
- Section 115AD of Income tax act – Tax on Income of Foreign Institutional Investors
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