TDS Applicability to U.S. company

The history of the transaction is-

 

1.       Indian company has given service to US.

2.       So the liability and expenses is booked by US company.

3.       Now US company wants to make payment, but some technical problem they cannot make the payment.

4.       US company approach to Indian company (subsidiary of US company) for making payment on behalf of US company.

5.       Indian company will take reimbursement from US company.

 

Query-

 

IS THERE ANY TDS IMPLICATION ON THE SAID TRANSACTION? IS INDIAN COMPANY IS LIABLE TO DEDUCT TDS?

 

There is no expenses booking in the books of Indian Company.

 

The proposed journal entry in the books of Indian Subsidiary is-

 

1-      Indian Party (Service provider) Dr. XXXXX

To Bank

 

2-      Company U.S. Dr. XXXXXX

To Indian Party (Service provider)

 

3-      Bank Dr. XXXXXX

To Company  U.S.

 

Kindly suggest the better way.

 

Hope this would not be gray area.

Replies (1)

libility to deduct TDS arises only in certain cases as specifice u/s 194......195

If your payment transaction covered within thease section., you have to deduct TDS irrespective of that whether you are claiming it to be an expenses or not.. this is because non deduction of TDS will make you to be an assessee in default and liability to pay Int @ 1/1.5% u/s 201 as the case may me...

 

So, I think the Subsidiary Company has to deduct TDS if the same expenses covered under any section as specified in TDS Chapter..

 

I dont know about any related case law., so its my personal view...

 

Others views are invited....

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