Tds
This query is : Resolved
13 May 2013
WHAT IS RATE OF TDS IF RESIDENT OF INDIA (INDIVIDUAL) COMMISION PAID TO FOREIGN COMPANY?
14 May 2013
The rate of tds will depend upon the country where the payment is to be made.
In case any DTAA entered by govt of India- then rates specified in that treaty will prevail;
Otherwise, rates applicable in india will be applicable i.e. if foreign company is having PAN in india then 10% otherwise 20%.
In case any DTAA entered by govt of India- then rates specified in that treaty will prevail;
Otherwise, rates applicable in india will be applicable i.e. if foreign company is having PAN in india then 10% otherwise 20%.
14 May 2013
There should be no TDS provided the foreign company provides you with TRC and NO PE Certificate.
Anuj
femaquery@gmail.com
Anuj
femaquery@gmail.com
29 September 2013
After withdrawal of old circular and notification, commission payable outside India will be deemed to accru and arise in India only irrespective of his PE status in India. Therefore income shall be taxable in India. The latest notification about TRC and PE is applicable only in case payee want to claim tax benefit in his country. This has nothing to do with income taxable in India.
30 September 2013
There are host of judgements in recent past from Tribunals and High Courts which have ruled in favor of assessee.
The exemption from TDS is not emanating from circular but from the Act.
Even if the income is deemed to accrue or arise in India, only that portion which is attributable to India shall be taxable in India,which shall become NIL on absence of any PE in India.
Anuj
femaquery@gmail.com
The exemption from TDS is not emanating from circular but from the Act.
Even if the income is deemed to accrue or arise in India, only that portion which is attributable to India shall be taxable in India,which shall become NIL on absence of any PE in India.
Anuj
femaquery@gmail.com
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Section 54F - Exemption on LTCG in 2026 for HP purchased in 2023
- STCG....................................................
- Sales return eway bill
- TAN for Partnership
- Treatment of Pension ?annuity returns on PMVY
- AMOUNT RECEIVED UNDER COMPULOSRY ACQUISITION OF AGRICULTURAL LAND
- AY 26-27 ITR-4 FILING U/S 44-ADA
- Plot of land. Cost of Acquisition
- Free lancer income
- Last year TDS Claim
- Gst invoice numbering and delivery challan numbering
- Standard Deduction claim for EPFO Pension and ICICI Prudential Life Annuity
- Sales amount in Gstr1
- CG after sale of flat
- E Commerce GSTR1 & 3B how to file
- Nomination of Bank for refund in itr 2
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
