How to deduct TDS on payment made to foreign freelancers through upwork platform

My company is taking service from foreign freelancers through upwork platform and payment is made to upwork. now querry is that how to deduct tds on that payment.
Replies (4)
Quick Summary
This discussion addresses the deduction of Tax Deducted at Source (TDS) when your company engages foreign freelancers through the Upwork platform and makes payments to Upwork. The core query revolves around the applicability of Section 195 of the Income Tax Act for these transactions. It also seeks clarification on whether these payments fall under the purview of new Equalisation Levy provisions for non-residents.

TDS should be deducted u/s 195
Is it come under preview of new equlisation provisions?
Payment to Non - Residents -Sec.195.

Payments to foreign freelancers via Upwork fall under Section 195 (TDS on non-resident payments).

Steps:
1. Identify the nature of service ,  software development or technical services attract 10% TDS plus surcharge and cess (effective rate around 10.56% for small amounts)
2. Check if the freelancers country has a DTAA with India ,  USA, UK, and most EU countries do. Treaty rate is often 10-15% and can be applied if the freelancer provides a Tax Residency Certificate (TRC)
3. For each remittance above Rs 5 lakh, you need Form 15CB (CA certificate) and Form 15CA (online filing) before making the payment
4. Deduct TDS on the gross invoice amount including the Upwork service fee, unless Upwork provides a clear breakdown
5. File Form 27Q quarterly for TDS on non-resident payments

Note: Upwork invoices may not always separate platform fees from freelancer earnings. For safe practice, deduct on the full invoice.

This [foreign remittance Form 15CA and 15CB guide](https://taxgarden.in/blog/form-145-form-146-foreign-remittances-india-2026) covers the filing categories and compliance checklist.

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