Foreign remittance

1326 views 5 replies

Hi 

I have a client who has a contract with an individual lady (Mrs X) in Europe where Mrs.X would send tourists from different countries to India . Our client , then, provides the services to the tourists India. 

My client has to pay $1000 monthly f​or this Inbound service to Mrs.X.

I have few questions :-

1.) Do we have to deduct TDS while making foreign remittance?

2.) If yes, what would be the rate and the category?

Mrs X does not have any PE in India.

 

Any early reply would be appreciated.Please treat it as urgent

Regards

Mayank Kapoor

09871009350

Replies (5)

Yes, it has to be deducted. at the rates specified in the act. i.e. as per Section 194C.

The provisions are contained in Section 195 of the act.

urs case is covered u/s 194c i.e, rates as per sec 194c. the provisions are covered u/s 195

Dear Mr.Manyak

If there is no contract exists between your counter part in Europe , If you remitt the money to
Europe you need to get a certificate from your CA.

As the counterpart has not any Permanent Establishment in India ( PE ) status is nil , as per article 5, there is no need to deduct the TDS .

Regards

Pranab Kumar

 

 

 

Yes, there is no PE in India. I will be giving the certificate (15 CA) also for every foreign remittance. 

So Pranab, from your point of view, there is no TDS . Even i have similar views but i am a bit confused regarding the category. Does it falls under Personal Independent service , as many DTAA have written . 

It does not qualify to be in the category of Technical service.

Will it make any difference if my client makes payment in the form of commission?

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