Regarding Foreign Taxation

Tax queries 1204 views 3 replies

 

Foreign Company(X) - Given on hire to an Indian firm
 Agency   Agreement exist between Indian Concern and foreign company .As per the agreement Indian company will hold 10% and balance of 90% of income made by Indian concern remit to foreign company. And also cost sharing of 25:75 between foreign company and Indian company.
Indian Firm(Y) - As per the Agency agreement Indian concern will give these drilling equipments on hiring/Lease basis in India. This firm is giving these equipments to a Gujarat based petroleum company (Z) on lease basis.
Agreements also exist between Indian concern and Gujarat Company. As per the agreement invoicing to be made in Dollars.
Query
·         Agency agreement exists between x and y, what will be the withholding tax rate for the remittance to be made to the X by y.
·         Z raising invoice in dollars to y, for the leasing of equipments, whether service tax or VAT will be applied.
·         Whether it is required for the Z to make TDS on the Invoice. if yes then at what rate
 
Replies (3)

dear Sir

You are liable for VAT on lease and also service tax but there will be no TDS as the dealer is a foreign company and the amount is being rmitted in abroad.

But income accruing and arrising in India and thus the company is liable to pay tax as per the rate prescribed in income tax act 1961.

Thanking you

Prakash sahay

Dear Prakash sahay

Thanks for your reply

But i want to know ,whether both VAT and service tax will be applicable.

Regards

Swagat

Foreign company (X) is providing a software service from US

Our company (Y) is an indian company is availing of the service

Price agreed was without taxes with liability of taxes applicable in india resting with our company

For the service, X provides monthyl invoice in usd.

Our company has paid the amount in usd but deducted 15% as TDS. accounts person says that tds certificate can be provided by us each quarter which company X can claim

Is TDS applicable for such foreign payment . If yes how would the foreign company claim it in US ? or a procedure to claim exist in India

Thanking you,

Sameer Shaikh

 

 

 

 


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