TDS on nri came to India

if NRI comes to India and we give consultancy services but payment is made when is outside India in Euro... will tds be applicable?
and in which section?
Replies (1)

Hi Afreen! Good question about TDS on payments to NRIs for consultancy services when payment is made outside India.


Situation:

  • You (in India) receive consultancy services from an NRI.

  • The NRI is outside India at the time of payment.

  • Payment is made in Euro (foreign currency) to the NRI.


✅ Is TDS applicable?

Yes, TDS is applicable on payments made to NRIs for services rendered, irrespective of where the payment is made.


Why?

Under Section 195 of the Income Tax Act:

  • Any person making a payment to a non-resident (including NRIs) which is chargeable to tax in India must deduct TDS at the time of payment.

  • Consultancy services income earned by an NRI for services performed in India is taxable in India.

  • Even if payment is made outside India, TDS deduction is required at the time of payment or credit (whichever is earlier).


✅ Which section?

  • Section 195 — Deduction of TDS on payments to non-residents.


✅ Applicable TDS rate?

  • Depends on the Double Taxation Avoidance Agreement (DTAA) between India and the country of residence of the NRI.

  • If no DTAA benefit is claimed, the default rate under IT Act applies, generally 10% for fees for technical or professional services (plus surcharge and cess).

  • You can ask the NRI to provide a Tax Residency Certificate (TRC) and Form 10F for DTAA benefits.


✅ What if you don’t deduct TDS?

  • You may be liable to pay the tax along with interest and penalties under the disallowance provisions.


Summary:

Query Answer
Is TDS applicable on consultancy payment to NRI? Yes, under Section 195
Is location of payment relevant? No, TDS required even if payment is outside India
Applicable TDS rate Usually 10% or as per DTAA

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