TDS rate on Marketing Commission payable outside India

This query is : Resolved 

31 May 2011 Dear All,

We have appointed a marketing agent (Ltd co.) to promote Export Sale. We are paying it commission in US Dollar as the company is raising Commission invoice in US Dollar.My query is whether TDS is to be deducted on such payment? If yes, then what is the percentage? Also tell me which section under IT Act is to referred for such payments?

31 May 2011 sec 195 applicable,
check DTAA and PAN card status of the person receiving payment, otherwise 20% deduction.


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