What Is Form 3CEAD - Due Date, Applicability And How To Download Form 3CEAD

In different aspects of international taxation, working as per compliance is significant. For several multinational organisations operating in India, Form 3CEAD is crucial to ensure its adherence to tax regulations. 

This article provides a detailed understanding of what Form 3CEAD is, its purpose, applicability, due date, and how to download the form.

What is Form 3CEAD?

Form 3CEAD, also known as a 'Country by Country Report' (CbCR), is a report by a parent entity or any constituent entity or an alternate reporting entity as a resident of India to fulfil the purpose of  Section 286(4) of the Income-tax Act,1961. This tax document helps in reporting detailed information about different multinational entities that are part of an international group.

The Indian tax authorities use Form 3CEAD to regulate and scrutinise the compliance and pricing of financial transfers among such groups. Moreover, disclosing such comprehensive data about the company's financial dealings and operations assists the tax authorities in evaluating the tax liability of such organisations accurately.

Form 3CEAD Due Date

The due date to fill Form 3CEAD is generally 12 months from the end of the company’s reporting accounting year. The deadline is 31 December 2024 (as the reporting accounting year is 1st January 2023 to 31 December 2023) to submit Form 3CEAD to complete the Country by Country reporting process.

Form 3CEAD Applicability

 Form 3CEAD is applicable when the total consolidated group revenue for the preceding accounting year exceeds Rs. 5,500 crore and the following conditions are satisfied:

• Where the parent entity  is ‘not obligated’ to file CbCR in its home country  
• Where India does not have an agreement for the exchange of CbCR with the jurisdiction in which the parent entity or alternate reporting entity is resident  
• Where there has been a systemic failure* in a country, and this is intimated by the prescribed authority to the constituent entity

In the absence of a CbCR exchange agreement between India and certain jurisdictions, one of which is the USA, inbound constituent entities with their ultimate parent entity or alternate reporting entities in such jurisdictions would need to file the CbCR in India (i.e. electronically file it with the Indian tax authorities) within the prescribed timeline, i.e. 12 months from the end of a relevant accounting year. In the event of a systemic failure, the timeline is six months from the end of the month in which intimation is given of this systemic failure. 

Such filing by the inbound constituent entity should not be required if the ultimate parent entity has appointed an alternate reporting entity and the jurisdiction of the alternate reporting entity has a CbCR exchange agreement with India. 

*"Systemic failure" for a country or territory means that they have an agreement with India to share certain reports under Section 286 of the Act. However, if they violate this agreement by stopping automatic exchange or repeatedly fail to send India reports about international groups with entities in India, it's considered a systemic failure.

Form 3CEAD Download

Click here to download Form 3CEAD.