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Tds on online advertising to us company

This query is : Resolved 

22 September 2012 Hey hi,

I have a company in India and now i am paying $5K to a US based Online Advertising company.

Now i am confused on which act i should pay TDS and if i need to pay TDS then what will be the % of TDS, please advice me

Nari

22 September 2012 As per section 9.
If this US based company's office or agent in india and you have to pay this amount to company in india. Then you have to deduct TDS as per law.
If you have to pay this amount to US Based company and this company doesnt having office or any agent in india then no need to deduct TDS. but you have to get decleration from this company.
Do as per situation.

22 September 2012 Thanq very much for ur valuable advice, this company doesnt have any office or agent in india.

So no need to pay TDS right ?

And this section is only for Advertising or it will apply for anything ?

And also can u please tell me that what kind of Declaration i need to take from them ?

And all u said will come under Incometax Act Section 9 ?

22 September 2012 This section is relating to income deemed to accrue or arise in India.

Decleration from company doesnt having any office or agent in india and Such payment amount is not received in india.



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