Tax (tds) on commission payment

1837 views 16 replies

An Export Agent in Australia brings an Export Order from Philippines for Indian company. Against this order, Indian company has to pay some commission to the Export Agent.

Now i want to know whether Indian Company need to deduct the TDS on the commission payment to be paid to Export Agent or not?

 

If yes, how much percentage of TDS will be dedcuted.

Export Agent has no relations with India and is native of Australia.

Replies (16)

If service is renderd in abroad then no need to deduct TDS

any technical consultancy, commission, royalty etc. payment made outside india than TDS rate applicabl is either 20% or 25%

He just procures an order for Indian company. No technical consultancy is taken from the Export Agent. Still confused whether to deduct TDS or not?

Hello

No tds need to be deducted , since the service recd outside india and the agent does not have any business connection or business establishment in India , commission income earned does not accrue or arise in india , hence his income is not taxable in  India so NO TDS

commission paid to non resident first this remmittance will be business income second since services are rendered outside india hence no income accrue or arises in india hence no tds liability will arise.
TDS has to be deducted u/s 195 and 15cb has to be issued by a CA .....
Tds has to be deducted u/s 195
Greeshma is absolutely correct..
It's making lot of confusion what to do on this TDS issue. Deduct Or not? Read some articles that a new circular was published and it says not to deduct TDS. But you people are professionals and are CAs and know better than anyone. Badly looking for a relevant information on it.
Refer to India Australia treaty regarding double taxation avoidance agreement for applicability of applicable deduction of tax in India on income distributed abroad
Tds has to be deducted @ 10.3%or 20.6% whichever is applicable...refer rule 37BB of income tax rules and check whether 15cb or 15ca is applicable...also submit form A2 while making foreign outward payment...also check the double taxation avoiidance agreement of India with Australia for commmission and whether any other rate of tds is applicable... Please do correct me if I am wrong

I'm getting different answers and evey individual has his/her own answers to my above inquiry.

I just want to know the reason of getting different answers.

Are there any laws that are contradicting each other and we are finding it difficult to make any conclusion.

Still waiting for a correct answer.

Refer the link.

/forum/tds-on-non-resident-foreign-comission-agent-251683.asp#.U1dJQVWSxrU

smiley

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