22 April 2013
Applicability of TDS on professional fees payable having Indian PAN who is in India since 14-02-2013 staying in rental apartment in Mumbai since then.
He will be providing his services in India as an cinematagrapher. He is from JAPAN
Kindly inform me, under which section should i deducted tax from fees paid to him.
23 April 2013
I think his Residential Status will come to Resident but not Ordinarily Resident. So 194J will be applicable. This also depends on the date of payment and deduction of TDS.
23 April 2013
The payment made to him is in April 2013, and most probably his status would be resident in the current Year 2013-14, as he will be staying for more than 183 days in a year.
23 April 2013
Yes you are correct and therefore section 194J will apply. Only point is that as on the date of deduction he is Non Resident.
Problem may arise if he leaves India as Non Resident. If amount involved is huge you will be advised to play safe and deduct TDS u/s 195 otherwise you may go ahead and deduct TDS u/s 194J. Its my view. View of other experts may also be taken.
22 May 2013
In my view till the date the foreign citizen doesn't cross 183 days in current year TDS @ 25.75% (if the amount paid is less than Rs. 1 crore) should be deducted.
01 July 2013
It depends on the nature of services rendered and place where the services have been rendered. If it is in India then the income is taxable in India and TDS applicable to the specific service shall be applicable and you have to deduct the tax accordingly.
CAclubindia
