ISSUE OF FORM 15CB
This query is : Resolved
gaurav a ajgaonkar
(Querist)
09 April 2023
A INDIAN COMPANY HAS RENTED A OFFICE PLACE ABROAD IN KENYA , THE RENT IS TO BE REMITTED FROM ACCOUNT IN INDIA , FORM 15CB IS REQUIRED FOR THE REMITTANCE . THE HOUSEOWNER WANTS THE REMITTANCE TO BE MADE TO HIS ACCOUNT IN FRANCE , INDIA HAS DTAA WITH BOTH COUNTRIES
QUERY
1 TDS LIABILITY ON THE RENT TO BE REMITTED
2 CAN WE REMIT TO FRANCE AS THE PROPERTY IS SITUATED IN KENYA
3 WHICH DTAA NEEDS TO BE STUDIED FOR ISSUE OF FROM 15CB
MY INTERPRETATIONS
NO TDS WOULD BE APPLICABLE SINCE THE INCOME ACCRUES OUTSIDE AS THE PROPERTY SITUATED OUTSIDE INDIA
ALSO WE CAN REMIT TO FRANCE ONLY IF THE HOUSEOWNER IS TAX RESIDENT OF FRANCE
QUERY
1 TDS LIABILITY ON THE RENT TO BE REMITTED
2 CAN WE REMIT TO FRANCE AS THE PROPERTY IS SITUATED IN KENYA
3 WHICH DTAA NEEDS TO BE STUDIED FOR ISSUE OF FROM 15CB
MY INTERPRETATIONS
NO TDS WOULD BE APPLICABLE SINCE THE INCOME ACCRUES OUTSIDE AS THE PROPERTY SITUATED OUTSIDE INDIA
ALSO WE CAN REMIT TO FRANCE ONLY IF THE HOUSEOWNER IS TAX RESIDENT OF FRANCE
CA R SEETHARAMAN
(Expert)
09 April 2023
1 No TDS liability as rent for property located outside India.
2 yes, no problem.
Your interpretation is right.
2 yes, no problem.
Your interpretation is right.
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