TDS under section 195
This query is : Resolved
01 August 2023
Mr A who is NRI , given power of Attorney to Mr B ( Resident ) is Father . Mr B Father on the basis of Power of Attorney rented out property of Mr A to Mr C ( lets say with consent of Mr A ) , with an agreement .
now question is , C while paying the Rent to Mr B ,( Resident Father) should deduct TDS under section 195 of the Income Tax act .
Note - In agreement nothing has been mentioned regarding Mr A ( NRI )
Thanks in Advance .
now question is , C while paying the Rent to Mr B ,( Resident Father) should deduct TDS under section 195 of the Income Tax act .
Note - In agreement nothing has been mentioned regarding Mr A ( NRI )
Thanks in Advance .
01 August 2023
Under section 195 of the IT Act, rent received by an NRI on property located in India, TDS at the rate of 30% of the rent paid should be deducted by the payer. The NRI receiving the rent can make a formal request to the jurisdictional officer for a lower TDS deduction.
01 August 2023
But, Sir we are paying rent to his resident father, (power of Attorney is given by NRI to father ) Our rent agreement is with him father . also in rent agreement nothing is mentioned regarding NRI . please guide.
01 August 2023
No problem in such a case.
01 August 2023
So , not necessary to deduct TDS , Correct Sir , or should I apply for Advance ruling .
01 August 2023
No need for advance ruling.
195 TDS applicable as owner of the house is NRI and income is addressable in the hands of NRI.
195 TDS applicable as owner of the house is NRI and income is addressable in the hands of NRI.
01 August 2023
Ok, Thank you Sir .
01 August 2023
You are welcome...
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