16 January 2013
The TDS provisions in relation to payment to non-resident are dealt with u/s 195 whereas those for residents are dealt with u/s 194-I. If rent is being paid to non-resident for a property located in India, in my view the tax will be 42.23% If rent is being paid to non-resident for a property located outside india, then there will not be any liability to TDS since the income is not received in India, nor is it accruing or arising or deemed to be accruing or arising in India. Depending on the country of residence, the DTAA will also clarify this position.
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