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Tds on rent paid for godown situated outside india

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(Querist)
16 January 2013 Whether TDS has to be deducted on rent paid to Non Residen.If so What is rate % and slab Amount on that for the following cases:

1.Property is in India
2.Property outside India


Please explain .....

Thanks in Advance....
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Anand

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Anand (Expert)
16 January 2013 The TDS provisions in relation to payment to non-resident are dealt with u/s 195 whereas those for residents are dealt with u/s 194-I.
If rent is being paid to non-resident for a property located in India, in my view the tax will be 42.23%
If rent is being paid to non-resident for a property located outside india, then there will not be any liability to TDS since the income is not received in India, nor is it accruing or arising or deemed to be accruing or arising in India.
Depending on the country of residence, the DTAA will also clarify this position.
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Niteen Vannal

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Niteen Vannal (Querist)
17 January 2013 Thanks a lot sir...
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