TDS TO FOREIGN PARTY HAVING PAN IN INDIA

TDS 186 views 1 replies

We have received a service from a company from Germany. Visiting charges are quite low. But as per the norms I have to deduct TDS U/S 195. The company is having Indian PAN. As discussed with the company personnel, applicable TDS rate is only 8% without any Surcharge or Education Cess.As stated when 10F & TRC are given it is not 30%. Can you please guide me the proper rate. In TDS returns how to show it at this lower rate. Any flag for lower deduction, I have to put during the returns?

Replies (1)

Hey Nishant! Here's a detailed explanation for your TDS query on payments to a foreign company with an Indian PAN:


TDS on Payment to Foreign Company Having Indian PAN

  1. Applicability of TDS under Section 195
    When you make payment to a non-resident (foreign company) for services, TDS under Section 195 applies.

  2. PAN of Foreign Company in India
    If the foreign company has obtained an Indian PAN, the tax deduction will be based on the rates specified under the Income Tax Act or DTAA (Double Tax Avoidance Agreement) if applicable.

  3. TDS Rate on Services

    • If there is a DTAA treaty between India and Germany, and the company has provided Form 10F and Tax Residency Certificate (TRC), the TDS rate will be as per treaty, typically lower than the default 30%.

    • In your case, the company personnel mentioned 8% rate (without surcharge or cess), which aligns with treaty benefits.

    • Without TRC and Form 10F, the default rate of 30% plus surcharge and cess applies.

  4. TDS Returns Reporting

    • While filing TDS Return (Form 27Q), you need to mention the TDS rate you have deducted (i.e., 8%).

    • Ensure the PAN of the foreign company is correctly mentioned in the return.

    • No special flag is required to be put for lower deduction if you have the TRC and 10F in place.

  5. Documentation

    • Keep copies of Form 10F and TRC as evidence for lower TDS deduction.

    • The tax department may ask for these during scrutiny.

  6. Summary:

Condition TDS Rate
No PAN, no TRC 30% + surcharge + cess
PAN but no TRC 30% + surcharge + cess
PAN + TRC + Form 10F As per DTAA (e.g., 8%)

Final Notes:

  • Always deduct tax at the lower of the two rates — domestic or treaty rate.

  • Ensure TRC and Form 10F are valid and in proper format.

  • File TDS return with correct details.

  • Keep supporting documents handy.



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