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Want to pay membership fee (subscription) to a foreign co.

This query is : Resolved 
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(Querist)
01 November 2012 We are Pvt Ltd company engaged in Software and website development. We want to become a partner for a company in USA, which provides a open source software for ecommerce. They will charge annual subscription fee for making us partner and listing us in their website online. The amount is approx. $3000 per year.

My questions is - do we need to pay any service tax or any TDS on this fee amount which we want to pay by sending Wire transfer from our Bank?
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CA. Anuj Gupta

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CA. Anuj Gupta (Expert)
02 November 2012 According to me the nature of transaction is "Business Income" and accordingly no TDS should be deducted- provided the foreign Co. doesn't have an PE in India & TRC from Income Tax Department of USA is provided by US Company.

Anuj
femaquery@gmail.com
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