Tds on use of trademark
This query is : Resolved
17 June 2015
One of my client have a registered trademark. He is not using the Trademark. I have made an agreement for use of his registered Trademark
Whether, I would be liable to deduct TDS on payment of use of Trademark
If yes, then which section ???
Whether, I would be liable to deduct TDS on payment of use of Trademark
If yes, then which section ???
18 June 2015
This will fall under the definition of Royalty first proviso and the TDS with pan would be 10% and without PAN @ 20% u/s 206AA.
On reading the first proviso to sec.9(1)(vi)one can infer that the trademark is also included under the royalty.
However if the trademark is transferred for a lump sump then it will not fall under the definition of royalty and no TDS is required to be deducted on the same. But VAT may come into plat depending upon the state VAT act.
On reading the first proviso to sec.9(1)(vi)one can infer that the trademark is also included under the royalty.
However if the trademark is transferred for a lump sump then it will not fall under the definition of royalty and no TDS is required to be deducted on the same. But VAT may come into plat depending upon the state VAT act.
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
- About TDS & Income Tax
- Section 194JA & JB Income which ITR Form to use
- Pass word to open justification report for Q1 for FY 2026-27
- PPF interest-As Exempt Income disclosure
- Under construction property in ITR
- Scrutiny and reopening of past returns
- Booth for sales promotion
- Upload Level ValidationITR3Category of Defect B/D
- Building tax payment deduction in rental Income
- F & O PROFIT REPORTING FOR AY 2026-27
- Difference in GSTR3B system generated which is correct and actual Payment it asks
- Indian IT Portal issue in computing tax as per UK-India DTAA
- Capital Gains on sale of residential flat
- PF Taxable Income
- Clarification on Tax Audit Applicability and Reporting of F&O Transactions in ITR-3
- Interest credited in FY2025-2026 & TDS therein by EPFO does not reflect in AIS or Form 26AS
- 44ad eligble money lending interest
- Taxation in the hands of Landowner under JDA
- Delisted shares sold in off market/ Rebate u/s87A
- In Exports Sales HSN details where to fill
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
