Tds on commission

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This query is : Resolved

abhi jain (Querist)

27 January 2015 SIR/MADAM,
MY ASSESSEE HAVE A AGENT IN FOREIGN COUNTRY, AGENT IS ALSO A NON RESIDENT, THE ASSESSEE HAD PAID COMMISSION RS. 500,000/-. IS ASSESSEE IS LIABLE TO DEDUCT TDS.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

27 January 2015 if both are non resident then no tds deductible when payment is made out of india.

abhi jain

abhi jain (Querist)

27 January 2015 MY ASSESSEE IS A RESIDENT OF INDIA AND HIS AGENT IS IN BANGLADESH,
IS HE IS LIABLE FOR TDS

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

27 January 2015 if he has paid commision from india then yes and even if paid outside india but ur assessee still remains 'resident' as per income tax act then sec 195 is applicable

abhi jain

abhi jain (Querist)

27 January 2015 AT WHAT PERCENTAGE THE ASSESEE SHOULD DEDUCT THE TDS. IT IS CLEARLY THE COMMISSION INCOME

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

27 January 2015 refer this link and follow category b

https://www.incometaxindiapr.gov.in/incometaxindiacr/contents/forms2010/pamphets/tdsrates_2013_14.htm

abhi jain

abhi jain (Querist)

27 January 2015 THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF BANGLADESH HAVE DTAA AGREEMENT, IS DTAA HAVE ANY IMPACT ON TDS RATE.

SEC 195 DIES NOT DEFINED THE TDS RATE FOR COMMISSION

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

27 January 2015 then check out the dtaa agreemnt and relevant provision if any in it.

abhi jain

abhi jain (Querist)

27 January 2015 KKKKK

THANKS FR YOUR GUIDANCE

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