EC & SHEC on TDS u/s. 195

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Yogin (Querist)
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17 June 2011 Hi to all

I have to make payment to Non-Resident. TDS rate as per income tax is 10% and as per DTAA is 20%.

So TDS should be deducted @ 20% as per DTAA.

But I am confused whether the rate shall be 20% or 20.60% including EC & SHEC.

Thanks,
Yogin Modi

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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17 June 2011 Tax rate applicable will be strictly according to the rate prescribed in DTAA which obviously does not prescribe for education cess or s.h.e cess.

Yogin

Yogin (Querist)
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17 June 2011 Is it mean 20% only ?

Yogin

Yogin (Querist)
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17 June 2011 Does it mean 20% only ?

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)
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21 July 2024 When deducting TDS (Tax Deducted at Source) under section 195 for payments to a Non-Resident, the rate applicable is generally the rate specified in the Income Tax Act or the rate specified in the Double Taxation Avoidance Agreement (DTAA) between India and the country of residence of the Non-Resident, whichever is more beneficial to the Non-Resident.

Here’s how EC (Education Cess) and SHEC (Secondary and Higher Education Cess) apply to TDS under section 195:

1. **Rate Determination:** If the DTAA specifies a rate of 20% for TDS and this rate does not explicitly include EC and SHEC, then TDS should be deducted at 20% on the payment made to the Non-Resident.

2. **EC and SHEC on TDS:** EC and SHEC are levies that are typically added on top of the basic tax rate. However, for TDS purposes under section 195, EC and SHEC are not applicable. This means:
- You should deduct TDS at the rate specified in the DTAA (20% in your case), without adding EC and SHEC.
- The rate of 20% for TDS does not include EC and SHEC. Therefore, you deduct TDS at a flat rate of 20%.

3. **Clarification:** The confusion often arises because EC and SHEC are added to certain taxes in India, but they do not apply to TDS under section 195. The rate mentioned in the DTAA (20%) is a flat rate and does not include EC and SHEC. Therefore, you should deduct TDS at 20% on the gross amount paid to the Non-Resident, excluding EC and SHEC.

In summary, for TDS under section 195, the rate of 20% as per DTAA is applied on the payment to the Non-Resident. EC and SHEC are not added to this rate; hence, the TDS rate remains 20% without any additional levies. Always ensure to comply with the specific provisions of the DTAA and consult with a tax advisor for precise application.

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