banner_ad

Tds on nri

TDS 707 views 2 replies

We are paying amount to outside india law practioner, one belongs to professional fee and other part is fee payments to trademark office of the coutry

Law practioner bill (UK)

A private limited, New delhi

Fee to trademark office                     $ 400

Other fee                                              $ 250

 TOTAL                                                 $ 650

For Law parctioners (UK)

           Authorised

The UK client is not having PAN in india , how we will deduct tax on this invoice

Please help me

Replies (2)

 

Hi,

1. As per DTTA agreement Between 2 contracting States no need to deduct TDS ( Refer Article 7) Provided no PE in india

2. DTTA agreement will overrule Income Tax Act  i.e Which ever is More Benificial to the Indian Co. can be followed. 

3.  Obtain Tax Residency cerificate from NR :   S. 90 (4) of the Act, as inserted by the Finance Act 2013 w.e.f 1.4.2012 provides that an assessee, not being a resident, to whom an agreement referred to in sub-section (1) of s. 90 applies, shall not be entitled to claim any relief under a Double Taxation Avoidance Agreement unless a certificate, containing such particulars as may be prescribed, of his being a resident in any country outside India 

Extract of DTAA

ARTICLE 7 Business profits - 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent, establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enter price may be taxed in the other State but only so much of them as is directly or indirectly attributable to that permanent establishment.

It will attract the provisions of section 195 and TDS will be deducted @ 20% in case of non PAN assesse..


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 15 May 2026
ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT

YOGESH KAPOOR AND ASSOCIATES

New Delhi

B.Com

View Details
Company
08 May 2026
CHARTERED ACCOUNTANT

SHAH LADHA AND ASSOCIATE

Ahmedabad

CA

View Details
Company
03 May 2026
Senior Chartered Accountant

Nirmal Jain & Co

New Delhi

CA

View Details
Company
27 April 2026
Senior Accountant

Jyoti K agarwal & co

Mumbai

Others

View Details
Company
09 May 2026
Audit Manager

Kanna and Associates

Coimbatore

CA Inter

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details