PAYMENT TO OPEN AI AND ENVATO ELEMENT


This query is : Resolved 

Quick Summary
This discussion clarifies whether Tax Deducted at Source (TDS) is required for payments made by an Indian company to OpenAI and Envato Elements, particularly when using credit cards. Based on Indian tax regulations and a relevant appeal case, payments for the use of computer software through non-resident suppliers are generally not considered royalties and therefore do not attract TDS. Consequently, Form 15CA and 15CB are typically not needed for these transactions.

05 November 2024 Our company is using the service from Open AI and Envato (Both are NR and issuing bills in foreign currency), should we need to deduct TDS?
Payment made via credit card 15CA and CB is required?
This will also be covered under Appeal No: IT No. 3234/Bang/2018.

10 November 2024 Amounts paid by resident end-users to non-resident manufacturers/suppliers as consideration for computer software use through, do not constitute royalties payment for copyright use. Consequently, payments do not give rise to taxable income in India. Persons u/s 195 not liable to deduct TDS on these payments.

15CB not required.

12 November 2024 thanks you for your response.

12 November 2024 You are welcome...
...


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



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
08 August 2026
International Corporate Tax Advisory

Shulke

Bengaluru

CA

View Details
Company
ARTICLESHIP 08 August 2026
CA Articleship

RSAG & CO LLP

New Delhi

CA Inter

View Details
Company
21 August 2026
Finance Manager

Resollect Technologies Pvt Ltd

Mumbai

CA

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
ARTICLESHIP 05 August 2026
CA associate

Arun Deepak and Company

New Delhi

CA Inter

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details