Tds on foreign technical service

This query is : Resolved

puneet (Querist)
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26 April 2015 we have received technical service from italy. if they dont give pan and trc what will be the effective rate of tds. upto last year it was 25.75% but i think there is some change in current yr budget. request expert advice.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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26 April 2015 The amendment will take effect from 1st April, 2016 and will, accordingly, apply in relation to the assessment year 2016-17 and subsequent assessment years.

See link given below:

http://taxguru.in/income-tax/reduction-rate-tax-royalty-fees-technical-services-case-nonresidents.html

MEHUL SHAH

MEHUL SHAH (Expert)
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13 June 2015 1. Primafacily , if the Services comes under the head of Royalty or Fees for Technical Services, the Rate of tax shall be 10.506 % if it is also subjected to surcharge or 10.3 % if it is without surcharge
2. However if it does not have PAN, according to Provisions of Section 206AA, the rate of taxation shall stand increased to 20 % + surchrge +Edu cess

3. Benefit of DTAA can be taken and even an exemption can be claimed under "Make Available Clause" if applicable provided the non-resident submits Tax Residency Certificate from Authorities.
4. If non-resident has PAN or TRC and if make available clause is applicable, it is advisable to apply for Nil certificate u/s 195(2) or document all the provisions in Form 15CA and 15CB.
5. Again if the tax is to be borne by the Payer, you need to do grossing up as per the Provision of Section 195A
6. Also Refer to the judgement of Bosh India of Bangalore Tribunal to get a beneficial formula for grossing up.
7. As interpretation of Treaty depends much on the facts of the case, Please treat the above guidelines in a general fashion and if you need a specific opinion, you can mail the scanned copy of Contract and other details on mehul@raseshca.com

Regards,
CA Mehul Shah
9723459572

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