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:
Section 195 governs withholding tax on payments to non-residents.
If no DTAA exists, the withholding tax rate is as per the Income Tax Act provisions.
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:
Basic rate: 10%
Surcharge: As applicable (depends on the amount and category of payee)
Health and Education Cess: 4% on tax + surcharge
Important Points:
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.
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.
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:
Verify the exact nature of the payment (premium vs commission).
Apply the withholding tax at 10% plus applicable surcharge and cess for non-DTAA countries.
File the TDS returns accordingly.
Consider consulting a tax professional to confirm the classification of payment and withholding tax rate.
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