Manager - Finance & Accounts
58394 Points
Joined June 2010
Hi Anil,
When making payments like insurance premium to non-DTAA countries (i.e., countries with which India does not have a Double Taxation Avoidance Agreement), the default withholding tax rate under the Income Tax Act applies.
Applicable WHT Rate:
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Section 195 governs withholding tax on payments to non-residents.
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If no DTAA exists, the withholding tax rate is as per the Income Tax Act provisions.
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For insurance premium paid to a non-resident (foreign insurance company), the rate is generally 10%, plus applicable surcharge and cess.
Note: The 10% rate is derived from Section 194D, which deals with insurance commission and related payments, but for premium payments directly to foreign insurers, often 10% is considered under the head of "fees for technical services" or other applicable categories depending on the nature of payment.
Breakdown:
Important Points:
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If the payment is towards premium (and not commission), it’s treated as income under the head "income from other sources" or as "business income" depending on context.
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If the insurance premium payment does not qualify for any lower DTAA benefit (as no DTAA exists), then the full withholding tax as per Indian law applies.
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If you treat it as ‘fees for technical services’ or ‘royalty’, the rate would be 10%, else the rate may differ based on the nature of payment.
Suggested action:
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Verify the exact nature of the payment (premium vs commission).
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Apply the withholding tax at 10% plus applicable surcharge and cess for non-DTAA countries.
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File the TDS returns accordingly.
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Consider consulting a tax professional to confirm the classification of payment and withholding tax rate.