NO TDS on Software subscription?

Save Share

This query is : Resolved

Quick Summary

This discussion clarifies whether Tax Deducted at Source (TDS) applies to software subscription charges, specifically referencing Microsoft Azure. While the vendor disputes TDS applicability citing CBDT Notification No. 21/2012, the consensus suggests TDS is not applicable for normal subscription fees. However, the vendor should provide a declaration confirming this.

Kiran RPN

Kiran RPN (Querist)
Follow

23 May 2023 Whether TDS to be deducted for microsoft azure usage charges?
It has to be deducted under 194C
But our vendor is disputing that there is no TDS as per

CBDT Notification No.21/2012
[F.No.142/10/2012-SO(TPL)] S.O.1323 ( E ) dated 13/06/2012

Isn't the notification clearly mentioning that it is for Acquisition of software?
Is it also applicable for normal subscription charges for a software?

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
Follow

24 May 2023 Yes, TDS is not applicable here but the vendor needs to give a declaration to the effect here

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
Follow

24 May 2023 In exercise of the powers conferred by sub - section(1F) of section 197A of the Income - tax Act, 1961(43 of 1961),
the Central Government hereby notifies that no deduction of tax shall be made on the following specified payment
under section 194J of the Act, namely,
Payment by a person (hereafter referred to as the transferee) for acquisition of software from another person, being a
resident, (hereafter referred to as the transferor), where
(i) the software is acquired in a subsequent transfer and the transferor has transferred the software without any
modification,
(ii) tax has been deducted
(a) under section 194J on payment for any previous transfer of such software;
or
(b) under section 195 on payment for any previous transfer of such software from a non-resident, and
(iii) the transferee obtains a declaration from the transferor that the tax has been deducted either under
sub-clause (a) or (b) of clause (ii) along with the Permanent Account Number of the transferor.
2. This notification shall come in to force from the 1st day of July 2012

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now