Payment to foreign consultant

Hello sir/madam

i have a situation here, please help me out.. i have a foreign consultant, who looks after our sales in UK and works on commission basis. now i have to pay him his commission, so need to know my payment will be after TDS or just i have to pay him his full amount of commission.

 

thank you.

Replies (4)

In 15CA  just gross the amount  since you have to pay in full  and  you as company will bear the TDS 

for eg if you have to pay 1000 dollars and if TDS is 10%  gross the maount as 1111 dollars and TDS will be 111 dollars and net maount will be 1000 dollars

This being business income should not be subject to TDS if the agent does not have a PE in India.

Hi,

As per our understanding and based on the facts provided by you, TDS implication arises in case income accrues or arises or is deemed to accrue or arise to him in India as per Section 9 of The Income Tax Act,1962 ('ITA'). For getting into the conclusion as to deduction of tax  under section 195 of ITA further facts need to be provided which are as follows:-

1. Nature of sales support provided by the agent.

2. PE status of commission agent in India.

Based on the details to be provided we can come to a conclusion.

Further for remittance abroad we need to file Form 15CA and form 15CB.

 

In case of any further query PM or mail us.

Anubhav Jain

anubhavjain176 @ gmail.com

9868729930

Kind Attn: Mr anubhav Jain

 

I have mailed to your gmail id a query which i need to have a clarity

 

if possible please reply

 

Thanks in advance

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