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Discussion > Income Tax > TDS >

Professional fees paid to dubai

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Taxation Incharge


[ Scorecard : 83]
Posted On 29 May 2013 at 11:09 Report Abuse

Dear All,

What will be TDS rate on payment of Professional fees to Dubai 

 

Thanks 

Kanhaiyalal Gupta 


Online classes for CA CS CMA



Member (Account Deleted)
CHARTERED ACCOUNTANT


[ Scorecard : 3387]
Posted On 29 May 2013 at 11:22

                                                            NON RESIDENT NON CORPORATE PERSON


TDS RATE IS 25.75 FROM A/Y 2014-15 IF PAYMENT IS LESS THAN 1 CRORE.


TDS RATE IS 28.325  IF PAYMENT IS MORE THAN ONE CRORE .


                                                                    NON DOMESTIC COMPANY


TDS RATE IS 25.75 FROM A/Y 2014-15 IF PAYMENT IS LESS THAN 1 CRORE.


 IN CASE  PAYMENT IS MORE THAN 1 CRORE.TDS RATE IS 26.265


 IN CASE  PAYMENT IS MORE THAN 10 CRORE.TDS RATE IS 27.0375.


IF RATES IN DTAA IS LESS THAN RATES GIVEN ABOVE, THEN DTAA RATES WILL BE APPLICABLE.


 

THERE IS NO SPECIFIC MENTION OF FEES FOR TECHNICAL SERVICES/PROFESSIONAL FEES IN THE DTAA.THE SAME WILL BE TAXED UNDER BUSINESS PROFITS OR INDEPENDENT PERSONAL SERVICES.


http://www.chdcaprofessionals.com/2013/05/TDSTCSRATESFY201314.html  REFER RATES FOR TDS A/Y 2014-15  FOR CLARIFICATION



Total thanks : 2 times




CA. Kanhaiyalal Gupta
Taxation Incharge


[ Scorecard : 83]
Posted On 29 May 2013 at 11:42

We are paying Professional Fees for Preparation of Documents and other services outside of India i.e. in Dubai but we are paying them from India 

 




CA. Kanhaiyalal Gupta
Taxation Incharge


[ Scorecard : 83]
Posted On 29 May 2013 at 11:45

As per my point of view TDS will be nill as per Article 14 between India and Dubai DTAA 

 




Member (Account Deleted)
CHARTERED ACCOUNTANT


[ Scorecard : 3387]
Posted On 29 May 2013 at 11:45

IT DOESNT MAKE ANY DIFFERENCE.YOU HAVE TO DEDUCT TDS ON PAYMENTS MADE TO NON RESIDENT PERSON OUTSIDE INDIA.FOR THIS U REQUIRED 15CB , 15CA FROM CHARTERED ACCOUNTANT IN PRACTICE.




work is worship
Service


[ Scorecard : 2691]
Posted On 29 May 2013 at 11:47

Very clearly explained by Rajiv




CA. Kanhaiyalal Gupta
Taxation Incharge


[ Scorecard : 83]
Posted On 29 May 2013 at 11:48

Yes 15 CB is must for payments of any professional fees but the question of TDS, wheather TDS will be liable or not 




Member (Account Deleted)
CHARTERED ACCOUNTANT


[ Scorecard : 3387]
Posted On 29 May 2013 at 11:50

THE LIABILITY IS ON CHARTERED ACCOUNTANT WHO SIGN FORM 15CA.U HAVE TO DEDUCT TDS IN CASE OF PAYMENT MADE TO NON RESIDENT.ARTICLE 14 DOES NOT STATE U DONT HAVE TO DEDUCT TDS.




CA. Kanhaiyalal Gupta
Taxation Incharge


[ Scorecard : 83]
Posted On 29 May 2013 at 11:57

Rajive, we are taking all the services in Dubai and as per Article 14-

Income derived by a resident of a Contracting State in respect of professional services or other independent activities of a similar character shall be taxable only in that State,




Member (Account Deleted)
CHARTERED ACCOUNTANT


[ Scorecard : 3387]
Posted On 29 May 2013 at 12:00

MR. KANHAIYALAL , U CAN GO WITH UR VIEW POINT BUT MY VIEW POINT IS SAME.IF U DONT DEDUCT TDS, LIABILITY WILL BE ON U TO EXPLAIN WHY U DIDNT DEDUCT TDS.ON A SAFER SIDE, U SHOULD MAKE PAYMENT AFTER DEDUCTING TDS.



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