Monday, 18 July 2022

Checklist for 194R

 

No

Particulars

Questions for the sales promotion and business team

1

Benefit to vendors / contractors/ customers

  • Is there any benefit / perquisite provided by your company to any vendor / contractor / customer / any other person in the course of business (other than employees where tax is already withheld under Section 192). For example:
  • Providing free products / dinners / vouchers to any distributor or contractor. 
  • Providing free meals / benefits to employees or workers of contractor, etc.

                           **Kindly note that benefit either in cash or kind should be mentioned above.

  • Whether any expenses on food and venue are incurred during customer meetings, etc.
  • Whether goods / items are given free of cost under luck draw? Whether the system of luck draw is manual or automated?
  • Whether any marketing support is provided to distributors / dealers?

2

Cash and sales discounts

  • Does your company, in the course of business, provide any cash discounts, sales discounts, benefits or perquisites to its customers?
  • If answer to the above is yes, what are the kind of benefits provided?
  • Benefit can include anything and everything such as given free tickets to an events, free goods such as mobile phone, gold coin, cash discount, etc.

3

Out of pocket expenses

  • Do you charge OPEs to your customers? If yes whether any withholding done by customers?
  • Whether your vendors charge you OPEs?

4

Conferences/ Seminars

  • Do you organize any conferences for its contractors / vendors / any other party? If yes, please provide nature of these conferences and benefits provided attendees.

5

ESOPs

  • Whether ESOPs are given to your employees by your Parent company without any cross charge?

6

Employee expenses

  • Whether your employees or directors take vendors / clients out for dinner / any other entertainment? If yes, what is the value of cost incurred?
  • Do your employees receive any benefit or perquisite from a third party?

7

Director’s expenses

  • Whether membership fee for various clubs/institutes is borne by the Company?
  • Are directors taken on business trips or personal trips in India or outside India?

8

Debt related matters

  • Are you providing or availing an interest free loan / corporate guarantees / moratorium?
  • Any restructuring proposed – write off of loan or discounts being provided by Banks?

9

Corporate Social Responsibility

  • Are you subject to CSR provisions? If yes, are your providing goods/services for free?
  • Whether CSR activities can be considered as providing benefit or perquisite under Section 194R?

10

Intra-group transactions

  • Whether any type of benefit is received by Indian entity from its group holding company? Such as use of brand, internal SAP systems without any consideration.
  • Whether there is use of common office space without any cross-charge?

11

Additional services

  • Whether free services are provided along with the regular services? For e.g. free installation services is provided along with sale of goods.
  • Whether free training is provided to the customers on purchase of software or goods?

  

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