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
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
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.
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
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?