TDS On Remuneration paid to Foreign Faculty
This query is : Resolved
03 November 2023
Dear Sir/Madam,
We are an educational institution engaging foreign faculty (NR) to teach few subjects as free lancers.
1. Is TDS applicable on remuneration paid to them? Under which section and what is the percentage of tds If applicable? (They will not stay more than 90 days in india to teach those subjects)
2. What are the required documents we have to take from them (whether exempted or taxable).
Could you please brief in this regard.
We are an educational institution engaging foreign faculty (NR) to teach few subjects as free lancers.
1. Is TDS applicable on remuneration paid to them? Under which section and what is the percentage of tds If applicable? (They will not stay more than 90 days in india to teach those subjects)
2. What are the required documents we have to take from them (whether exempted or taxable).
Could you please brief in this regard.
03 November 2023
It's exempted no TDS applicable.
For example one may consider the case of a US university professor, Mr. Levin who is a resident of USA and has been engaged by an Indian educational institute for conducting some classes in India for 10 days. The question is whether honorarium paid to him is liable for TDS u/s. 195. One may note that the services provided by Mr. Levin are covered by “Independent Personal services” clause of DTAA. He does not have any fixed base available to him in India for providing his services and he is also not in India for more than 90 days. Accordingly as per Indo US DTAA, his remuneration / honorarium is taxable only in US and not in India. As such no TDS in India is applicable in this case.
For example one may consider the case of a US university professor, Mr. Levin who is a resident of USA and has been engaged by an Indian educational institute for conducting some classes in India for 10 days. The question is whether honorarium paid to him is liable for TDS u/s. 195. One may note that the services provided by Mr. Levin are covered by “Independent Personal services” clause of DTAA. He does not have any fixed base available to him in India for providing his services and he is also not in India for more than 90 days. Accordingly as per Indo US DTAA, his remuneration / honorarium is taxable only in US and not in India. As such no TDS in India is applicable in this case.
Message likes :
1 times
04 November 2023
You are welcome...
.....
.....
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Post Office RD Interest
- Reporting Income under Section 44ADA
- Itr 1 processing
- Building and other construction workers welfare cess act 1996
- ITR validation error - Balance sheet is not filled
- ITR 1: Details for showing Exempt Income
- Bank Accounts in Balance Sheet for ITR 3
- TDS ON CASH WITHDRAWALS...
- Annual return of gst limit
- U/s 44AD of Income tax
- GST collection on rent receipts
- Eway bill for machinery reparing
- ITR 3 FILING OF AN INDIVIDUAL (PARTNER IN A PARTNERSHIP fIRM)
- Delisted shares sold in off market/ Rebate u/s87A
- In Exports Sales HSN details where to fill
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- Difference in tax comparison report
- Gst invoice numbering and delivery challan numbering
- Sales amount in Gstr1
- E Commerce GSTR1 & 3B how to file
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
