TDS on Interest Paid to Overseas Bank

TDS 3901 views 27 replies

 

TDS ON INTEREST  PAID TO OVERSEAS BANK

 

 

Following points to be considered while deduct TDS on Interest on loan taken from overseas Bank:-

 

1.      Residential Status of Overseas Branch

2.      Rate under sec 195

3.      Rate of  TDS mentioned under DTAA





Whether TDS is deducted or not in the following cases:-





1.      If we have paid Interest on loan taken from PNB Kabul Branch;-

Since PNB is resident therefore provision under sec 195 shall not applicable and sec 194A is also not applicable since PNB is Banking Company.

Hence no need to deduct TDS.





2.      If we have paid interest on loan taken from HSBS Mauritius :-

Since HSBC is NRI and established under the Mauritius Bank Regulations, Therefore sec. 195 is applicable, further we also check if there is any DTTA with Mauritius, if there  is DTTA between Mauritius then we considered the rate of TDS which is lower under DTAA or Sec 195.

Under the DTAA between Mauritius if loan has been taken from any bank which is establish under foreign bank regulation of financial institution then rate of TDS on interest in Nil.

Hence, HSBC Bank is established under foreign bank regulation therefore no needs to deduct TDS.

 

Noted: - Under the DTTA if loan has been taken from overseas bank which is established under foreign bank regulation of financial institution then Rate of TDS on Interest on loan will be either of Nil or lower RATE.





Replies (27)
Good information Sir!

 

Nice sharing sir.!!!!!!!!!!!!!!

 

These links may be useful............!!!!!!!!!!

 

Issue of TDS certificate in Form 16A

 

Procedure for Refund of Excess TDS Deducted/ Paid

 

FAQ on TDS

 

Great Information 

Thank you sir 

thanx for sharing such useful information sir..

thnx sir for sharing dis..i can say dat its nw clr to me cmpltly..thnx..

Thanku for sharing information sir .smile.

Really helpful sir..thank you..ur presentation through examples are amazing..

Nice Article....Thanks for sharing

great information sir

keep sharing.

Very nice information sir. You explained the provisions without creating any confusion in our minds.Keep sharing your valuable knowledge.

very useful information sir...

thanx for sharing such useful information sir........... keep sharing.......

Thanks for very useful information.

One Clarification Navin Bhai....

Noted: - Under the DTTA if loan has been taken from overseas bank which is established under foreign bank regulation of financial institution then Rate of TDS on Interest on loan will be either of Nil or lower RATE.

It means Rate will be NIL, because you cant have a rate lower than NIL. Further "Under the DTAA between Mauritius if loan has been taken from any bank which is establish under foreign bank regulation of financial institution then rate of TDS on interest in Nil." Is it only for DTAA with Mauritius or this rule is applicable to all bank which is establish under foreign bank regulation of financial institution.

Very good information sr...thanks

 

 

Regards


Gourav


if u are a CA passionate, this is for you...CA PASSION

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register