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Tds on professional fees

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If NRI pays professional fees of Rs.2laca to resident then tds is deductible u/s194 J or not?
Replies (7)
Yes 194J is applicable for every one whether resident or non resident deductor but the payee should be resident
Then how can NRI deposit TDS deducted? If he dont have TAN.
Apply for TAN and application has to given in form 49B within one month from the end of the month in which tax was deducted for the first time u/s203A

Sec 194j states that a person is required to deduct TDS @ 10 percent when payment by any person(other than Individual or Huf who are not required to get conduct their audit)  to the Resident in excess of 30000 during a financial year for the professional services.

This section does not clearly specify Resident or Non-resident for the status of deductor as it states Any person.

 

So accordingly NRI will deduct TDS on the payment of professional fees of Rs. 2 lakh @ 10 percent.

please do read our blogs on taxes and TDS

Section 194J also specifically mentions 

all entities (other than individuals/HUF who are not required to do tax audit in the preceding year) need to deduct tax.

What if NRI is not liable for audit ? (i.e. Business Income)

we need to think on this point also

if NRI is liable to tax audit it means he has business in India , and if business is carried on India he will follow all TDS provisions

otherwise he will not be liable

Yes TDS u/s 194J will be applicable in this case.
TDS under section 195


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