Manager - Finance & Accounts
58317 Points
Joined June 2010
Hey Karthik! Here’s a clear answer about TDS on professional fees (academic honoraria) paid to a US citizen:
1. Is TDS applicable?
Yes, when you pay professional or technical fees to a non-resident (including US citizens) for services rendered in India, TDS is applicable under Section 195 of the Income Tax Act.
2. Threshold limit Rs. 30,000
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For payments to Indian residents, professional fees have a threshold of Rs. 30,000 (below which TDS may not be deducted).
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For non-residents, no threshold limit applies — TDS must be deducted on the full amount regardless of the value.
3. TDS Rate
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The rate is typically 10% on fees for technical services or professional services, plus applicable surcharge and cess.
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However, since the payee is a US resident, the DTAA between India and the US applies.
4. DTAA Considerations
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As per the India-US DTAA, the tax rate on fees for technical services or professional services is capped at 15%(including surcharge and cess).
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So, you can deduct TDS at 15% (or lower rate if applicable), subject to the payee submitting a valid Tax Residency Certificate (TRC) and Form 10F to claim treaty benefits.
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If no TRC is provided, then you deduct at the domestic rate of 10% + surcharge + cess.
5. Summary
Point |
Detail |
Is TDS applicable? |
Yes, under Section 195 |
Threshold limit |
No exemption for NR (TDS on full amount) |
TDS rate (domestic) |
10% + surcharge + cess |
TDS rate (with US DTAA) |
15% max (including surcharge & cess) |
Documents for treaty benefit |
TRC + Form 10F |
6. Additional