Foreign Company providing services to Indian Entity

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This discussion addresses whether a UK-based company providing services to an Indian entity needs to deduct Tax Deducted at Source (TDS). Key factors include the company holding a Tax Residency Certificate (TRC) and having filed Form 10F. The nature of the services and whether they are performed in India by deputed personnel are crucial. DTAA rates and the service agreement will determine the final TDS applicability and refund procedures.

Hafiz

Hafiz (Querist)

04 April 2024 A Foreign UK based company providing service to Indian Entity. Foreign entity obtained TRC (Tax Residency Certificate) and form 10F also filed.
Whether Indian company should deduct TDS in this case, against payment to foreign company?
If TDS deducted, how foreign company can claim refund of the same?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

05 April 2024 What is the nature of service provided.
Is Service provided in India by deputing persons to India.

Lekshmi

Lekshmi (Expert)

05 April 2024 As pointed out by CA R Seetharaman , the answer depends on the nature of service. We need to look into the service agreement to know more about the DTAA rates.

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