TDS deposit code & TDS return

Dear Experts

 

In the case in hand, Indian company is paying salary to non resident employee who is working from abroad remotely.

The non resident individual employee has obtained a PAN in India.

 

1) While remitting the tds to government, the type of deductee will be categorised as 'resident' or 'non resident' in the portal? This was not there for tds payments under ITA 1961 regime. selecting non resident category does not support code 1002. It starts with 1004.

2) What according to you is the correct code to be used? 1002 or 1004

3) The transaction will be reported in forrn 138 (24Q) or 144 (27Q ?

 

For information, Form 144 does not support code 1002.

 

Regards

 

CA Dipjyoti Majumdar

Replies (2)
Quick Summary
This discussion clarifies the correct procedure for deducting TDS on salary paid to a non-resident employee working remotely from abroad, even if they have an Indian PAN. The key is to correctly categorise the deductee as 'non-resident' on the TDS portal. Specific payment codes like 1002 (domestic salary) or 1004 (EPF) are not applicable. Instead, the correct code for non-resident salary should be identified from the non-resident withholding table on the NSDL portal. Furthermore, the TDS return must be filed using Form 144 (equivalent to the old Form 27Q), not Form 138 (old Form 24Q), which is exclusively for resident employees.

For a non-resident employee working abroad, select Non-Resident status on the portal, avoid using domestic salary code 1002 or EPF code 1004 for regular salary, and report the transaction through the non-resident return filing stream (Form 144 / 27Q) rather than Form 138 (24Q).

Aashok is correct on the broad direction. Let me add the specific code details for the Income Tax Act 2025 framework:

DEDUCTEE STATUS: Mark as NON-RESIDENT. If the employee is physically outside India for more than 182 days in FY 2026-27, the Section 6 residence test makes them non-resident for that year regardless of where salary is paid from.

PAYMENT CODE UNDER INCOME TAX ACT 2025: Under the new Section 393 framework effective April 1, 2026, non-resident salary payments do NOT use Code 1001 or 1002 (those are for resident salary under Section 392). For non-resident salary, check the NSDL portal for the applicable code in the non-resident withholding table. Code 1002 is for specific resident salary components and Code 1004 maps to EPF/PF - both are wrong for this situation.

Important: if your software still shows 24Q/27Q labels, verify it has mapped the new ITA 2025 payment codes. Filing with incorrect codes will generate portal validation errors on Q1 2026-27 TDS return.

RETURN FORM: File FORM 144 (equivalent of old Form 27Q) for non-resident salary TDS. Do NOT file under Form 138 (old 24Q) which is strictly for resident employees only.

For the full framework on cross-border salary TDS compliance including applicable provisions under Income Tax Act 2025, see [foreign remittance TDS: Form 145, 146 and non-resident compliance guide](https://taxgarden.in/blog/form-15ca-15cb-form-145-146-foreign-remittance-tds-compliance-india-2026).

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