Tds on payment made to non resident for web traffic

service tax applicable on a) inport of services b) providing services under "business auxilary services"

input credit available of service tax paid on import services for set off against output service tax payable. 

TDS is to be deducted u/s 195

Originally posted by : U S Sharma
	service tax applicable on a) inport of services b) providing services under "business auxilary services" input credit available of service tax paid on import services for set off against output service tax payable.  TDS is to be deducted u/s 195

Commission paid to a non-resident agent for rendering services outside India, such income does not accrue or arise in India u/s 5 and such payments are not taxable in India and no tax is to be deducted u/s 195. (Circular no 786/07.02.2000)

I am sorry if i am not getting it, But My Payee is advertising my websites in US ? Hes rendering me Services in US ? If a NON resident provides me service in india It would be accounted as import of services ??

Also if i pay the TDS here will my Payee get it back when he submits the certificate in US ? India and US have the DTAA 

https://www.irs.gov/businesses/international/article/0,,id=96739,00.html

on one hand you asking for web traffic purchase, and other hand taling of commission agent ?

I assume you have agreement with overseas for bulk click and now you distribute the same in local clients at your ease, so the reply provisions of service tax for import applicable, and TDS also , under DTAA he may get eligible for credit, provided all the formalities are complied. 

Originally posted by : U S Sharma
	on one hand you asking for web traffic purchase, and other hand taling of commission agent ?   I assume you have agreement with overseas for bulk click and now you distribute the same in local clients at your ease, so the reply provisions of service tax for import applicable, and TDS also , under DTAA he may get eligible for credit, provided all the formalities are complied.

what would be the formalities of Applying for MY US payee's pan in india. What rate would be the TDS (with & without PAN ) & what % of service tax on input and output ?

Yea because hes getting my clients websites ad banners placed on different categories of websites in US, through many networks of advertising agencys in US. So he could either charge me through clicks or just working as a agent.

https://tin.tin.nsdl.com/pan/Instructions49A.html

Originally posted by : U S Sharma
	https://tin.tin.nsdl.com/pan/Instructions49A.html

Thank you So much for your time And Efforts MR. Sharma. 

Still missing on what would be the TDS deducted on my Business with Pan of my PAyee & service tax. 

/articles/opinion-on-section-195-6042.asp