Tds on export sales commission in foreign currency

This query is : Resolved 

04 November 2011 Dear all experts

My query is for the period from April 1st 2011.

I want clarification on TDS applicable rate and PAN requirement on Export sales commission paid in foreign currency in india to overseas agent.

What will be answer of above if DTAA is applicable and if not applicable.

06 November 2011 In case the overseas agent is a non corporate assessee the rate of TDS will be
30.9% and in case of Non Domestic Company 41.2%.

In case DTAA is applicable the rates of DTAA would be applicable subject to the condition that the min. deduction would be @ 20.6% if the NR is not having PAN.

06 November 2011 There shall be normally no TDS if the overseas agent is being paid Export sales Commission.

DTAA or no DTAA shall not make any difference till the moment forein agent doesn't have any business connection in India.

Anuj
+91-9810106211
femaquery@gmail.com

07 November 2011 In case the payment is made in India, whether TDS provisions would be attracted or not as in this case the income is being received in India.

I seek Expert CA Anuj Gupta's invaluable advise. I am of the view that income paid
in India is taxable.

07 November 2011 I would like Mr . Ramesh to reply , whether the money has been paid in Indian account or foreign account of overseas agent.

Anuj


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details