TDS/Witholding Tax on ProfCharges to Overseas Tech Consulta

TDS 1673 views 4 replies

.CASE : Victor is a  US based Foreign Consultant  engaged  by an Indian Company  to deal with  their US Customers  on Quality & technical issues with customers  &  guide Indian Company on  quality & process area.

He is  to be paid  from India :-

A) Expense Reimbursement : 

 Reimbursement of his travelling expenses   ( thru Credit Card )for visits  to customers in US and also any visit to Indian factory

He may be provided with a Credit Card by Indian Company  for such expenses.

B) a Professional Retainership of USD 3000 per month 

during period of contract

     like to know   the  TDS / witholding tax applicability    on above Two types of payments.

Also  is there any service Tax liability  on Indian company  for the services received  from overseas consultant.
 
Replies (4)

Hi,

Reference to a query that I have in the context of Stamp Papers used for agreements.

In the case of agreements between a bank and its client (say a currency forward contract booking agreement) is there is any stipulation that the stamp paper need to be purchsed only by the banker (that is, bearing the banks name in the stamp paper as the buyer of the stamp paper).   In case the stamp paper is purchased by the client (that is bearing his name as the buyer of the stamp paper) will it constitute violation of any provision of the Indian Stamp Act or any other legislation..? Kindly please let me know.

Thanks in Advance.

Regards

K Karthik

 

in case of any foreign payment u make to to a NR, u have to deduct tax at source u/s 195

as far as service tax is concerned, it is u who is liable to deduct the deposit service tax on behalf of your vendor.. i am nt sure but sec 67 of finance act,1994 says so

TDS covered under section 195. Reg service, covered under "Import of Services"

Go through the circuler 786 year 2000 though the same has been withdrawn from october 2009 the same will help you. also go through the following

https://www.taxguru.in/income-tax/all-overseas-payments-are-subject-to-withholding-tax-whether-or-not-the-income-is-taxable-karnataka-high-court.html

 

 


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