A french company has provided consulting services in India and the professional fees have been paid to them after deducting 20 % TDS since, they do not have a PAN number in India nor a place of establishment. Is it beneficial for the french company to claim 10% refund in India by applying for PAN number or is there any clause in DTAA between India and France where the company can claim full 20% refund in france itself.
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Tds deducted for professional fees paid to a foreign company
Replies (3)
please read DTAA agreement with france
as per DTAA Tax deducted 10%
France company take the benefit of DTAA
| Originally posted by : valji | ||
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please read DTAA agreement with france as per DTAA Tax deducted 10% France company take the benefit of DTAA |
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Since, 20% TDS is deducted, 10% benefit French company can get in France under DTAA, can the balance 10% be claimed by getting a PAN number in India??
As per DTAA, both the countries have right to tax this income. This income is subject to 10% + surcharge (if applicable) + education cess 3% TDS deduction as per DTAA, if french co. has PAN no.. However, Income of french co. in India is taxable @ 40% + surcharge (if applicable) + education cess.
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