27 July 2025
When an Indian company pays advertisement fees to **Facebook (a foreign company)**, TDS provisions under **Section 195** of the Income Tax Act apply because the payment is made to a non-resident.
### Key points:
* **Nature of payment:** Advertisement service fees. * **TDS section:** Section 195 (Payment to non-resident). * **TDS rate:** Generally **10%** on the gross amount (payment made). * **TDS to be deducted on:** The **gross payment amount** (total invoice value before any deductions). * **Note:** If DTAA (Double Taxation Avoidance Agreement) between India and USA (Facebook’s jurisdiction) provides a lower rate, that can be applied if a valid Tax Residency Certificate (TRC) is furnished.
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### Example:
* Invoice from Facebook for ad services: ₹1,00,000 * TDS @ 10% = ₹10,000 to be deducted and paid to the government. * Payment made to Facebook = ₹90,000 after TDS deduction.