foreign company tax rate

 whats the rate rate for foreign company in case of royalty income(patents n know how) for A.Y. 09-10

Replies (1)

Tax rate for royalty payable to a foreign company is 10% on gross amount of royalty plus surcharge and education cess, provided the agreement for royalty relates to the industrial policy of the Government of India or the agreement is approved by the central Government (section 115A). No deduction can be claimed for any expenses in connection with royalty. No deduction under Chapter VI-A from the amount of royalty  can be claimed.However, if the Double Tax Avoidance Agreement between India and the country of residence of the tax payer provides for a lower rate of tax, then the rate prescribed in the DTAA shall apply.

However, if the royalty is effectively connected with a permanent establishment of the foreign company  in India, then deduction for related expenses can be claimed and in that case net amount of royalty is to be taxed at usual tax rate for foreign company i.e.40% plus surcharge plus education cess.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details