Tds deductible in case of nri

This query is : Resolved 

27 January 2017 I have to pay Professional Fee to a Thailand Resident and made a PAN card of that client in India. How much TDS I should deduct.

27 January 2017 What is the nature of service and where the service is provided.

27 January 2017 The person is getting business from Thailand and we are paying as professional fee. Service is provided in Thailand only

27 January 2017 No need of TDS if service is provided out side India by non resident.

28 January 2017 But Sir our CA is saying to deduct TDS of 30.90%

28 January 2017 Can you provide a reference please.

28 January 2017 Kindly confirm whether you entered a contract in Thailand for providing services in Thailand. For providing this service you engaged some body in Thailand, who is resident of Thailand and making payment to Thailand resident out of payment received from Thailand. If it is so No TDS applicable on such payment to Thailand resident.
TDS not applicable if the payment is not taxable in India, that is the general Rule. Here the non resident is rendering service out side India not taxable in India.

02 February 2017 We are a Certification Body accredited by APEDA and we do provide our services all over the world. Our overseas clients make payment India. We also get payment in India from Thailand. There is a person associated in Thailand who gives us business from there and in return we give him a sum as professional fee.

02 February 2017 The Thailand person is non resident and providing service in Thailand so his income is not taxable in India. Hence no TDS applicable on payment to him. Refer article 14 of latest DTAA agreement with Thailand.

02 February 2017 Thank you so much sir. This was really hepfull.

02 February 2017 Sir I have one more query.
There are some clients in Nepal. They make us payment in respect of Services provided by us and deduct TDS. How do we claim that TDS?

02 February 2017 File income tax return in India including that income being resident of India and Claim relief(Tax payable in India on that income can be reduced to the extent of TDS deducted in Nepal) in the return.

02 February 2017 But I am unable to see that TDS in form 26AS.

02 February 2017 I want you to go back to my previous query.
Do we have to pay Service tax on the amount what we are remitting?

02 February 2017 That tax is deducted in Nepal and paid to Nepal Govt you will not able to see it in 26AS. Get TDS certificate and claim relief in the return as per new Rules framed in this year.
No service tax applicable being the service is provided out side India.

02 February 2017 Thank you very much sir.

09 March 2017 Sir do we have to pay service tax in case of services provided to a non resident under reverse charge mechanism?
Consider the above case for the same.

09 March 2017 Service provided to a non resident will fall under export of services exempted from service tax. No RCM applicable.

09 March 2017 One More query Sir
We do pay to non residents as registration fee for certification. In that case, is service tax applicable?

09 March 2017 We do provide GOTS Certificates to the clients in India and outside also. In such case we pay a fee outside India under registration and membership fee as licence fee to obtain authority to provide GOTS Certificates.
So my question is do we have to pay service tax in such case?

09 March 2017 No need to pay any service tax on fees paid out side India.

09 March 2017 It is a Service Tax Scrutiny going on in our office and the auditors are saying to pay Service Tax on that.

09 March 2017 Don't pay reply to the audit findings.

09 March 2017 okay.
Thank you sir


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