Tds
This query is : Resolved
06 February 2014
purpose of work- Advertisement place sold for say one year
To whom payment is being made - Mr x or his company in Brazil (which ever is beneficial for us)
Payment made by Indian company
- payee does not have PAN or permanent Establishment in India
Whether TDS is applicable ? as per which Provision?
To whom payment is being made - Mr x or his company in Brazil (which ever is beneficial for us)
Payment made by Indian company
- payee does not have PAN or permanent Establishment in India
Whether TDS is applicable ? as per which Provision?
06 February 2014
well payment is to be made with the entity which owns the right to that advertisement space...so you may not have too much flexibility on this front.
With regards to TDS, Section 195 shall apply..TDS rate shall be based on analysis of DTAA and the tax-act provisions.
In absence of PAN, 20% or the higher rate (as per DTAA or indian-tax act) shall apply.
With regards to TDS, Section 195 shall apply..TDS rate shall be based on analysis of DTAA and the tax-act provisions.
In absence of PAN, 20% or the higher rate (as per DTAA or indian-tax act) shall apply.
06 February 2014
but as per DTAA no TDS is applicble if it is a business income,or payee don't have any permanent establishment in India.
but if we consider this as rental income ...thus no provision is given in DTAA regarding this....then?
but if we consider this as rental income ...thus no provision is given in DTAA regarding this....then?
06 February 2014
but as per DTAA no TDS is applicble if it is a business income,or payee don't have any permanent establishment in India.
but if we consider this as rental income ...thus no provision is given in DTAA regarding this....then?
but if we consider this as rental income ...thus no provision is given in DTAA regarding this....then?
06 February 2014
Check for Article 6 - Income from immovable properties (if the property which has been rented out for advertisement space is within the definition of immovable property), Artcle 12 - royalty.
If not covered anywhere, you need to cover under Article 22.
If not covered anywhere, you need to cover under Article 22.
06 February 2014
In article 6
1. Income derived by resident of a Contracting state from immovable property situated in the other contracting state may be taxed in that other state.
HERE WRITTEN THAT SITUATED IN THE OTHER CONTRACTING STATE ( india)
but in question immovable property is situated in Brazil and income also derived in Brazil
1. Income derived by resident of a Contracting state from immovable property situated in the other contracting state may be taxed in that other state.
HERE WRITTEN THAT SITUATED IN THE OTHER CONTRACTING STATE ( india)
but in question immovable property is situated in Brazil and income also derived in Brazil
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
- Post Office RD Interest
- Applicable TDS for Purchase of Flat from NRI
- Eway bill for machinery reparing
- Building and other construction workers welfare cess act 1996
- ITR 3 FILING OF AN INDIVIDUAL (PARTNER IN A PARTNERSHIP fIRM)
- Bank Accounts in Balance Sheet for ITR 3
- TDS ON CASH WITHDRAWALS...
- Form 10BD Filling
- Annual return of gst limit
- Bank accounts of Non resident
- ESIC- Employee Registration
- Delisted shares sold in off market/ Rebate u/s87A
- In Exports Sales HSN details where to fill
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- Difference in tax comparison report
- Gst invoice numbering and delivery challan numbering
- Sales amount in Gstr1
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
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
