Tds on payment of testing charges to overseas

2451 views 5 replies

Dear All

I want your view on below matter.

We are making payment of testing charges to our overseas vendor of Germany.

As per latest amendment in section 195 fee for technical service where the agreement is made on or after April 1, 1976, tds rate @ 25.75% will be applicable.

As per DTAA between India & Germany TDS will be deducted @ 10%

Please clarify me that at which rate TDS should be deducted 10% or 25.75% as we have not any agreement with the party.

The agreement clause mention in section 195 related to agreement between two parties or for DTAA.

In my view its for agreement between parties.

Kindly provide your views also.  

Replies (5)

You should enter into an agreement with the party..........

Take the rate as 10% acc to DTAA

i agree with saloni

Before making payment to an overseas party, it is imperative that the TRC or Form 10F must be obtained from the deductee. Failing which the treaty benefit shall not be applicable.

Further, PAN is also a criteria for adopting the lower TDS rate. Else S.206AA would apply.

Hope you have taken care of these procedures as well.

Once all these are complied, treaty rate as per DTAA can be adopted.

Thanks,

Thanks

There is not requirement of any agreement with party.

Saloni , SUKSHAM &  KARTHIK

My main question is that "agreement" word used in section 195 realted to DTAA agreement or agreement between parties. I need clarification about this, any case or circular related with this

h.  fees for technical services [see Note 7] –

 

 

 

 

 

   • where the agreement is made after February 29, 1964 but before April 1, 1976

30.9

33.99

51.5

52.53

54.075

   • where the agreement is made on or after April 1, 1976

 Dear Karthik

Thanks for detail reply.

S.206AA will be applicable to non-resident also becuase its not possible to tell the party to take PAN in India. The treaty will not override S.206AA

Please check & reply.

Please read the section 206AA and respond accordingly. The agreement referred to in is DTAA. 206AA starts as

"(1) Notwithstanding anything contained in any other provisions of this Act, any person entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVIIB (hereafter referred to as deductee) shall furnish...."

whereas there s nothing of that sort in 195. Hence the response remains unchanged. The compliance of other provisions are must.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details