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Opinion on the Royalty payment to NRI.

This query is : Resolved 
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(Querist)
09 August 2010 Dear Experts,

Can you please refer me any opinion format on the whether the Royalty payment to NRI by a resident in india is liable to tax and accordingly applicble to TDS.

It's urgent please.
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Rajnish

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Rajnish (Expert)
09 August 2010 Dear Ravi,

Royalty to NRI is taxable u/s 115A of the income tax act 1961 @ 10%. (Surcharge @2.5%, cess @3% is also applicable)

If you are making payment or provision, you required to deduct TDS @ 10.56% (Including surcharge)
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CA. Pradeep Nayak

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CA. Pradeep Nayak (Expert)
09 August 2010 If the non resident who is in receipt of royalty resides in a country with which India has entered into DTAA, then such rates as mentioned in DTAA or rates as per Sec 115A, whichever beneficial to the asseesee will be applicable.
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Rajnish

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Rajnish (Expert)
10 August 2010 i hv checked DTAA rates and found that 10% is lowest rate in DTAA
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CA. Pradeep Nayak

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CA. Pradeep Nayak (Expert)
12 August 2010 Then you can go ahead with the DTAA rates.
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