Non Resident Taxation
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
30 June 2011
Indian Comapany made a Payment of $35,000 to NRI(relative of Director) for the Consultancy given in Foriegn Country(saudhi).
1.whether TDS has to be deducted or Not u/s. 195.
2.Suppose If deducted is there any possibilty to file return of Income in India for NRI(Pan Available here).
3. If Possible how we file that return as per IT.
1.whether TDS has to be deducted or Not u/s. 195.
2.Suppose If deducted is there any possibilty to file return of Income in India for NRI(Pan Available here).
3. If Possible how we file that return as per IT.
01 July 2011
My views to your queries:
1. Yes, tds needs to be complied u/s 195. However check with DTAA for any favorable options.
2. Yes, if PAN available surely you can file a return.
3. Return needs to be file by NRI.
1. Yes, tds needs to be complied u/s 195. However check with DTAA for any favorable options.
2. Yes, if PAN available surely you can file a return.
3. Return needs to be file by NRI.
03 July 2011
The question is where are the services being used, if it is in India then TDS should be there. Also as per my knowledge Saudi treaty doesn't have a FTS clause hence no TDS should be there.
Anuj
091-9810106211
Anuj
091-9810106211
04 July 2011
I do agree.
Please check if the service falls under the list mentioned Article 14 of the DTAA with Saudi Arabia. If so then the services may not be taxable depending upon having a fixed base or the number of days stay in India.
If not the income should be chargeable to tax (as per explanation of Sec 9(2) of the I T Act) whether or not the services are not provided in India; whether or not there exists a business connection.
Other views are also welcome.
Please check if the service falls under the list mentioned Article 14 of the DTAA with Saudi Arabia. If so then the services may not be taxable depending upon having a fixed base or the number of days stay in India.
If not the income should be chargeable to tax (as per explanation of Sec 9(2) of the I T Act) whether or not the services are not provided in India; whether or not there exists a business connection.
Other views are also welcome.
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