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TDS on NRI brokerage/commission

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(Querist)
30 June 2009 We need to pay commission to a NRI broker, as per IT act u/s 195 the rate is 30.9 %. First do we need to deduct the amount and remit the balance amount outside india. Also do we need to do the grossing up of the amount or not like we do in royalty & technical services.
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CA.BHARAT BHUSHAN

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CA.BHARAT BHUSHAN (Expert)
30 June 2009 Be careful in deducting the tax, because No TDS is deducted on commission & Brokerage paid to agents abroad directly in foreign currency, if such agent has no PE in India.
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