TDS on royalty

what will be tds rate on payment of royalty to foreign company. if we have TRC and No PE certificate available with us. PAN is not available.
Replies (5)
Quick Summary
This discussion clarifies the TDS rate applicable to royalty payments made to foreign companies. It addresses scenarios where a Tax Residency Certificate (TRC) and No Permanent Establishment (PE) certificate are available, but the foreign company lacks a PAN. While DTAA rates suggest 10%, the absence of a PAN complicates matters, potentially requiring a deduction at 30% plus cess as a safer approach, especially if specific government approvals or industrial policy alignments are not met.

TDS Shall be deducted u/s 195 read with applicable DTAA/TIEA
Thank you Sir. Tds rate as per DTAA is 10 percent. but can we apply 10 if company dont have PAN.

As per section 195(g), the rate of TDS on royalties is 10%+3%Cess(if the Foreign Co possesses PAN) and if the agreement between the Foreign Co and Government/Indian Concern is approved by Central Govt or the agreement is in accordance with the Industrial Policy.

Ask for PAN . To be on safer side, deduct TDS @ 30%+ cess
Thank u for reply

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