Witholding Tax Singapore

In case of purchase of virtual data room from foreign entity located in Singapore, what should be the witholding rate U/s 195 and relevant DTAA
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Quick Summary
This discussion clarifies withholding tax obligations when purchasing a virtual data room from a Singaporean entity. It explores Section 195 of the Income Tax Act, 1961, and the India-Singapore Double Taxation Avoidance Agreement (DTAA). While the general rate for technical services to non-residents is 40%, the DTAA suggests no withholding tax may be required, especially if the Singaporean entity lacks a Permanent Establishment (PE) in India.

In the absence of a specific DTAA provision, the general withholding tax rate under section 195 of the Income Tax Act, 1961 for payments to non-residents for fees for technical services is 40%. as a general rate

Based on the facts given, this is to be considered as business receipts for the foreign entity. If the foreign entity has PE in India, then 40% WHT is to be applied. Applying India Singapore DTAA, prima facie no WHT is required.

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