Tds on export sales commission in foreign currency

This query is : Resolved 

04 November 2011 Dear all experts

My query is for the period from April 1st 2011.

I want clarification on TDS applicable rate and PAN requirement on Export sales commission paid in foreign currency in india to overseas agent.

What will be answer of above if DTAA is applicable and if not applicable.

06 November 2011 In case the overseas agent is a non corporate assessee the rate of TDS will be
30.9% and in case of Non Domestic Company 41.2%.

In case DTAA is applicable the rates of DTAA would be applicable subject to the condition that the min. deduction would be @ 20.6% if the NR is not having PAN.

06 November 2011 There shall be normally no TDS if the overseas agent is being paid Export sales Commission.

DTAA or no DTAA shall not make any difference till the moment forein agent doesn't have any business connection in India.

Anuj
+91-9810106211
femaquery@gmail.com


07 November 2011 In case the payment is made in India, whether TDS provisions would be attracted or not as in this case the income is being received in India.

I seek Expert CA Anuj Gupta's invaluable advise. I am of the view that income paid
in India is taxable.

07 November 2011 I would like Mr . Ramesh to reply , whether the money has been paid in Indian account or foreign account of overseas agent.

Anuj



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