Tds deduction

Dear Sir,

We are management company , we received one bill from our consultant based on London ( Not NRI) , the bill is in  GBP , now I want to know the following :-

1. Should I deduct TDS on his bill ( as he is foreigner and obhiously he has no PAN ) if yes should I deduct @ 20%.

2. What will be effect of Service Tax , should we pay Service Tax on his behalf and will take Input credit on the same amount ( under reverse charge mechanism ).

Waiting an early reply.

Regards

Jayanta

Replies (4)
1. Yeah, u need to deduct tax at rates specified (sec 195) or as per DTAA rates, provided certain conditions are satisfied. Rate also depends on the nature of transaction.
If no pan, then rate as specified or 20%, whichever is higher is applicable.
2. Yeah, u also need to pay 100% ST on reverse charge basis. You can take input credit after making payment of ST

Very very thanks madam for updating me.

The consultant is a British so he has no PAN then I have to deduct @ 20% ? Is it correct ?

Awaiting your reply

It is actually @ rates in force or @ 20%, whichever is higher, in case of no pan.

Rates in force: https://www.incometaxindia.gov.in/Charts%20%20Tables/TDS%20Rates.htm

(for royalty it is recently amended to @ 10% instead of 25%).

If the rates in force is more than 20%, then such rate is only applicable.

Surcharge (if applicable) + EC + SHEC extra

Thanks mam once again

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