Applicable rate of TDS on payment to NRI in the ambiance of DTAA

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SHYAM KRISHNAN K

SHYAM KRISHNAN K (Querist)
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01 March 2023 Is there any relief in TDS rates on NRI payment, as based on DTAA agreement.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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06 July 2024 Yes, relief in TDS (Tax Deducted at Source) rates on payments to NRIs (Non-Resident Indians) is often available based on the Double Taxation Avoidance Agreements (DTAA) signed between India and other countries. DTAA aims to avoid taxation on the same income in both the country of residence (where the NRI resides) and the country where the income is earned (India, in this case).

### Key Points Regarding TDS Rates and DTAA:

1. **Reduced TDS Rates**: DTAA typically provides for reduced rates of TDS on various types of income such as interest, dividends, royalties, fees for technical services, etc.

2. **Residency and Taxation**: The applicability of DTAA depends on the residency status of the NRI. If the NRI is a tax resident of a country with which India has a DTAA, they may be eligible to apply for lower or nil rates of TDS as per the provisions of the respective DTAA.

3. **Tax Residency Certificate (TRC)**: To avail the benefits of DTAA, the NRI needs to obtain a Tax Residency Certificate (TRC) from the tax authorities of their country of residence. The TRC certifies that the NRI is a resident of that country for tax purposes.

4. **Submission of Form 10F**: Along with the TRC, Form 10F needs to be submitted to the payer in India to claim the benefits of reduced TDS rates under DTAA.

5. **Exemption or Nil TDS**: In some cases, DTAA may provide for exemption from TDS or nil TDS rates, depending on the type of income and the specific provisions of the DTAA.

### Example:

- **Interest Income**: For example, under DTAA with many countries, the rate of TDS on interest income can be reduced from the standard rate of 20% to a lower rate (often between 5% to 15%, depending on the agreement).

### Conclusion:

DTAA provides relief to NRIs from higher TDS rates that would otherwise apply under Indian tax laws. It aims to promote cross-border trade and investments by providing certainty and avoiding double taxation. It's crucial for NRIs to understand the specific provisions of the DTAA between India and their country of residence to effectively manage their tax liabilities. Consulting with a tax advisor or accountant specializing in international taxation can provide tailored guidance based on individual circumstances and the specific provisions of the applicable DTAA.