Sec 195 - URGENT
This query is : Resolved
07 March 2011
one of my exporter client needs to transfer COMMISSION to the New Zealand based Broker. now the questions are:
1. what shall be the rate at which he is required to deduct TDS?
2.under what clause of DTAA shall this transaction ll come?
3. Rate of TDS under DTAA?
Thanking in advance
1. what shall be the rate at which he is required to deduct TDS?
2.under what clause of DTAA shall this transaction ll come?
3. Rate of TDS under DTAA?
Thanking in advance
08 March 2011
Normally TDS should not be deducted u/s 195 as the income shall not accrue or arise in India, if the foreign agent doesn't have any PE in India.Also the same shall also depend on the exact nature of services being provided by the foreign agent.
Anuj
0-9810106211
Anuj
0-9810106211
Message likes :
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08 March 2011
CA Anuj, i extend my thanks for the quick response you gave.
In the present case the commission is being given on the basis of Sale Order provided by this agent.
also please can u provide me the Clause under which the transaction will come under DTAA?
In the present case the commission is being given on the basis of Sale Order provided by this agent.
also please can u provide me the Clause under which the transaction will come under DTAA?
08 March 2011
Pls, check this link.
http://www.allindiantaxes.com/new%20zealand.php
Pls, check this link.
http://www.allindiantaxes.com/new%20zealand.php
09 March 2011
The character of commission income is under the head "Business Income" and the clause of India-New Zealand DTAA is Clause 7.
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