Tds applicability on accreditation fee..

Dear All,

we are running an educational institute. The students who passed out from different courses are offered the certificate from EDEXCEL a UK based certifying/awarding Body. For this certification we have to pay certain amount to EDEXCEL, UK. Edexcel is not having a PE in India.

Now my query is whether we have to deduct TDS on this payment or not. If yes then please mention relevant notification, section clearly. Whether this payment is to treated as royalty or fee for technical service?(explantions pls) Any treatment as per Indo-UK DTAA.

Waiting for your expert views pls.

Regards, Rajeeb

 

Replies (1)

Yes tds has to be deducted u/s 195 at the rate

1. as per provisions of Income tax act - section 115A i.e. 25% w.e.f 1.04.2014 as per Finance Act, 2013 (earlier 10%),  or

2. rate in DTAA - Article 13 i.e. 20% for first 5 years and after that 15%

whichever is more beneficial to assessee i.e. lower rate.

Also payment mentioned in your case is royalty as per Article 13 of DTAA 

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