Tds on foreign national residing in india

This query is : Resolved 

20 March 2013 We have a professional who is residing in Mumbai, India (Rented Accomodation). He is working on Professional Basis for our Company. He is from JAPAN. Kindly Help me out with the TDS Rates & Provisions applicable to him. Also under which section Tax has to be deducted. Also i have requested him to obtain PAN under form 49AA (PAN Application for Foreign nationals residing in India)
Regards,
Alen


21 March 2013 dear..

TDS rates will be decided according to the residential status of him as per income tax ACT.

mere a foreigner does not mean it is non resident..

he is resident or non resident,it will be decided as per sec. 6 of income tax Act.

if he is found resident then TDS will be 10% u/s 194J

and if he is found non resident then TDS will be 30.90% u/s 195..

so dealt with the case accordingly..


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