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
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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%.