Tds section and rate for hosting and domains providers

What is the section in the Income Tax Act for TDS deduction on hosting and domain providers, and at what rate is TDS deducted on payments made to non-resident entities for these services?

Replies (4)
Quick Summary
This discussion clarifies the TDS (Tax Deducted at Source) implications for payments made to non-resident entities for hosting and domain services. Section 195 of the Income Tax Act is generally applicable for such payments. The specific TDS rate depends on the Double Taxation Avoidance Agreement (DTAA) between India and the non-resident's country, the nature of the agreement, and whether the entity has a Permanent Establishment (PE) in India. It's suggested that these services might not be classified as royalty or fees for technical services, potentially leading to no TDS liability, though more details are needed for a definitive answer.

U/s 194j you have some info but can't confirm non residents

When laptop is a capital asset used for production or generating revenues, it is capitalised AS 10.12

Oops! Wrong question. Sorry

Sec 195 of the Act will be attracted since the payment is made to a non-resident entity. Further, you have to check the provision of DTAA of India with the country where the NR entity is registered.

For rate of TDS, i need to know the detail of the agreement and transaction. Also, whether the entity has any PE in India or not. As far as I think from your question, there will be no liability of TDS since the same is neither royalty nor fre for technical services. There are certain high court and supreme court judgement on this too.

P.S - To give an appropriate opinion, i need more details. However, i feel the reply will be helpful in this matter.

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