Commission to foreign agents

Hi

I want to know the following. Please help

1. Is Service Tax and TDS applicable towards Commission payable to Foreign Commision Agents who are g
etting businesses in India?

2. Is there any limit towards payment of commission of foreign agents?

Thanks

Replies (1)

1.As regards Service Tax consequnces:

As pe Rule 9 of POP Rules,2012- in respect of intemediary services ( not including intermediary in respect of goods) place of provision is location of service provider....However, in case of intermediary in respect of goods place of provision is location of service receiver(As per general rule 3), .

However , vide Notification No. 14/2014(to be efffective from Oct1,2014) The place of provision in case of intermediary services (whether in respects of goods or services) POP is the location of service provider...therefore in your case service is taxable w.e.f Oct1,2014

Income Tax cosequnces:

Commision payable to Foreign Agnets is taxable only when such Agents having Permanent Establishment(any office etc.) in India.....

 

2.As per my opinion limit is only when the commision is paid in foreign currency (refer FEMA Regulations)
 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
29 August 2026
Chartered Accountant

Velionit Consulting PVT LTd

Mumbai

CA

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
12 August 2026
Deputy Manager - Finance

RoamPrime Technologies Private Limited

Bengaluru

CA

View Details
Company
19 August 2026
PAID ARTCILE ASSISTANT

My Legal Tax Consultants Pvt. Ltd.

Noida

CA Inter

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details