Foreigner receiving salary

909 views 21 replies
TDS @ 20% shud b deducted
You need to first check whether the foreigner has become resident as per Indian income tax act . Anuj Femaquery @ gmail.com

I Think

  1. You have to deduct Tax at Source in the same manner as you deduct tax resident employees. If Foreigner Employee have not PAN No. you have to deduct tax on rate non availability of PAN i.e.20%
  2. Normally no TDS liability is there when you have   employees who are physically working outside India.
  3. Where salary is payable in foreign currency, the amount of the tax deducted is to be  calculated after converting the salary payable into Indian currency at the telegraphic transfer buying rate as adopted by State Bank of India on the date of deduction of tax (Rule 26) read with Section 192(6).

It may be noted that this rule is applicable only for determination of TDS. However, in computing the salary income, the rate of conversion to be applied is the telegraphic transfer buying rate on the last day of month in which the salary is due or is paid (Rule 15).

 

https://www.incometaxindia.gov.in/images/spacer.gif

 

Rate applicable or 20% which is higher

TDS 20 %  should be Deducted

Ok, Tds will be deducted @ 20% but without PAN No. How will be filled TDS Return please reply all

only 30.9%. For salary earned in India, in no case it is 20%.

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