Direct tax avoidance agreement
This query is : Resolved
19 December 2014
If an Indian Company is availing Consultancy services from Individual of Switzerland who does not hold PAN as on date, can take the benefit of Article 14 of DTAA with Swiss Confederation stating that the income is chargeable to Tax in Switzerland, hence no liability to deduct tax at source in India?
Please guide me on above topic
Please guide me on above topic
Amol S Joglekar
(Expert)
19 December 2014
Dont get yourself confused with TDS versus TAXABILITY.
Both the activities, although related, are to be tested independent of each other.
Hope you are representing Indian Company.
Both the activities, although related, are to be tested independent of each other.
Hope you are representing Indian Company.
CA Kumar Mukesh
(Expert)
20 December 2014
Dear Neha
The section 206AA of Income Tax Act, 1961 overrides provisions of DTAA, therefore for claiming benefits of DTAA pan required compulsory otherwise TDS will be deducted on Higher rate.
The section 206AA of Income Tax Act, 1961 overrides provisions of DTAA, therefore for claiming benefits of DTAA pan required compulsory otherwise TDS will be deducted on Higher rate.
23 December 2014
Thank you sir.
Still I want to clarify one more thing, is PAN and TRC both are mandatory for applying DTAA?
If Non-resident beneficiary is holding Tax Residency Certificate, can the beneficial provisions under DTAA be applied as per SEction 90(2)?
Kindly suggest me.
Still I want to clarify one more thing, is PAN and TRC both are mandatory for applying DTAA?
If Non-resident beneficiary is holding Tax Residency Certificate, can the beneficial provisions under DTAA be applied as per SEction 90(2)?
Kindly suggest me.
CA Kumar Mukesh
(Expert)
23 December 2014
Yes both are compulsory for getting Tax Benefits of DTAA.
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