This discussion concerns whether Tax Deducted at Source (TDS) applies to salary paid to an Indian resident employee working for a foreign branch office in the UAE. While the employee is an Indian resident for tax purposes, the salary is paid in foreign currency to a foreign bank account by the foreign branch. The consensus is that TDS is generally not applicable if the payment is made directly by the foreign branch to a foreign bank account, even though the income is taxable in India and requires filing an ITR.
We have transferred one of our employees to our UAE Branch office and have executed a fresh employee agreement with her in foreign currency. But she is an Indian resident as per IT act for FY 2021 (spent >182 days in India). Wanted to check if TDS is applicable on the salary paid to her foreign bank account for the services rendered to the foreign branch office.
15 February 2021
This income is taxable in India file ITR and pay taxes. TDS not applicable if salary is paid by foreign branch to foreign bank account.