tds on commission paid to non resident
This query is : Resolved
22 February 2010
xyz has a agent for selling the goods in a taiwan with which we do not have a DTAA and for this service we pay him commission at specified %age.
So whether i should deduct tds on this or not.
If yes what would be rate of tds and if no than reason for that.
So whether i should deduct tds on this or not.
If yes what would be rate of tds and if no than reason for that.
23 February 2010
As per ur case it is clear that agent is selling goods on ur behalf it does not matter in the eye of law he is selling goods on ur behalf in India or in Taiwan. While making the payment u have to deduct TDS as per income tax.
Anjani Pratap Tiwari
(Expert)
23 February 2010
Payment of commission to a non resident for export is exempt from TDS deduction . See cirular 786 dated feb 7, 2000.
M Prabhakar Menon
(Expert)
23 February 2010
Mr Tiwari is right
Bimal Thacker
(Expert)
23 February 2010
Circuler 786 dt. feb 7,2000 has been withdrawn in oct.2009.
however withdrawal of circuler will change the law? deduction of TDS depends upon Whether income of agent is taxable in india ?
however withdrawal of circuler will change the law? deduction of TDS depends upon Whether income of agent is taxable in india ?
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