TDS on professional services being paid to US citizen in excess of Rs 30,000

202 views 1 replies

Have to process academic honoraria to a US citizen. The amount to be paid is in excess of the threshold limit of Rs. 30,000. Would like to know if TDS is applicable like we do for Indian citizens? If so will it be 10% or 20%? 

Replies (1)

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

  • For payments to Indian residents, professional fees have a threshold of Rs. 30,000 (below which TDS may not be deducted).

  • For non-residents, no threshold limit applies — TDS must be deducted on the full amount regardless of the value.


3. TDS Rate

  • The rate is typically 10% on fees for technical services or professional services, plus applicable surcharge and cess.

  • However, since the payee is a US resident, the DTAA between India and the US applies.


4. DTAA Considerations

  • 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).

  • 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.

  • 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

  • You’ll need to file Form 15CA/15CB while making remittance.

  • Ensure to deduct and deposit TDS timely to avoid penalties.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register