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



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
ARTICLESHIP 07 September 2026
CA Articles

Kothari Jain Patil & Chartered Accountants

Pune

CA Inter

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details