Tds U/s 195 Non Resident

We’re paying in USD via Credit Cards towards purchase of services like Tookan/ Linkedin / Miro/Server towards business usage. Shall we deduct TDS u/s 195, if yes at what Percentage we’ve to deduct (PAN is not available) and is there any supporting clause which mentions not to deduct TDS.

 

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Quick Summary
This discussion clarifies TDS obligations under Section 195 of the Income Tax Act for payments made to non-residents in USD via credit card for business services. It addresses whether TDS is applicable, the deduction percentage when PAN is unavailable, and potential exemptions. The content also highlights the applicability of Equalisation Levy at 6% for digital advertising services exceeding ₹100,000.

Since your payment relates to online/digital advertising so you are required to charge equilisation levy @ 6% if your payment exceeds 100000.

The section 195 of the Income Tax Act, 1961 is all about the Tax Deducted at Source (TDS) for non-resident citizens of India.
Rate of TDS under Section 195.

Particulars TDS rates
Short Term Capital gains under section 111A 15.60%
Any other income by way of long-term capital gains 20.80%

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