Tds of nri on rent

dear colleagues,
ma query is with the rate of tds if a llp is paying rent to nri in his Indian account. rent amount is 35000/- per month



thanks in anticipation
Replies (6)
Quick Summary
This discussion clarifies the Tax Deducted at Source (TDS) applicable when a Limited Liability Partnership (LLP) pays rent to a Non-Resident Indian (NRI) into their Indian bank account. The applicable TDS rate is generally 30% plus surcharge and cess, as per Section 195 of the Income-tax Act. It's also advised to consider Double Taxation Avoidance Agreements (DTAA) between India and the NRI's country of residence, which may offer a lower tax rate. If the NRI's total income falls below the taxable limit, there might be no tax liability.

If the landlord is a Non-resident, the liability to deduct tax arises under section 195 of the Income-tax Act. The rate applicable in this case will be 30% plus surcharge and education cess i.e 31.2%.

I will agree with Sourav, the provisions of Section 195 will apply and the rate of TDS will be 30% + surcharge + cess. 

Further also look into the DTAA with the respective country of residence of NRI

Thank u.. how can I check for DTAA?
DTAA is the lower of tax rate of India and Foreign rate. Foreign tax rate should be ascertain for DTAA
What if the nri has income below taxable limit?
Then there will be no tax liability

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