Tds on payments to non residents

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Prasanna Desai (Querist)
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24 February 2017 My client wants to pay an amount of 2500 USD for marine insurance for its vessels in India to a company based in Holland( Netharland).

The insurance is for the vessels operating in Indian waters only.

The Holland Company is of the opinion that we need not deduct TDS as they have no PE in India and it is covered by Article 4 of DTAA between Netharlands and India. We Feel that TDS will be applicable since the service is being provided in India.

we seek an expert advice from the community.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 February 2017 The opinion of Holland company is right, we need not deduct TDS as they have no PE in India and as per the provisions of Article 7 of DTAA between Netherlands and India.
See the link for similar views.
https://taxguru.in/income-tax/applicability-withholding-taxes-reinsurance-premium-paid-resident.html

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