Rate of tds deducted on spa service taken from hongkong

This query is : Resolved 

05 July 2013 Dear Sir,

Our co. has taken spa service from hongkong So we have to paid 10 lac to Hongkong co. so how much TDS has to be deducted

05 July 2013 Refer sec 195 if foriegn payment is to be made for hiring professional services.


06 July 2013 Dear Sir

As per Section 195 there is TDS rate 10.506% ? There is any DTAA agreement with hongkong and kindly guide TDS will be deduct @ 10.506% or any other rate.

06 July 2013 For DTAA u can purchase taxmann's book on DTAA for rates and conditions.

07 July 2013
India has DTAA Agreement with China and not specifically wi th hongkong . same wiill be applied with our case india and china ?

12 July 2013 We are unable to find proper solution as per our opinion

If spa consultancy and Management services taken from hong kong and Service provider co. has Pan No.

There is no DTAA Exist Normal Rate for Foreign Co. 40% applicable.

If spa consultancy and Management services taken from Thailand and Service provider co. has Pan No.

There is DTAA Exist As per 195 Section 10% Applicable if Technical service agreement after June 2005 or As per Withholding Tax rate of Taxman book there is no seprate provision

so applicable TDS rate 10.506% (including surcharg and cess)

Kindly Advise us what minimum TDS rate suitable


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