TDS ON TRANSACTION WITH CHINA

This query is : Resolved 

12 June 2010 MY CLIENT IS A PRIVATE LIMITED COMPANY. MY CLIENT HAS ENTERED INTO AN AGREEMENT WITH A CHINESE COMPANY FOR RENDERING TECHNICAL KNOWHOW IN MY CLIENT'S COMPANY BASED IN INDIA. THE EMPLOYEE OF CHINESE COMPANY WILL COME TO INDIA AND PROVIDE TECHNICAL KNOW HOW TO MY CLIENT RELATING TO PRODUCTION OF FINISHED GOODS.

WHETHER MY CLIENT IS LIABLE TO DEDUCT TDS FROM THE PAYMENT TO THE CHINESE COMPANY. IF, YES AT WHICH RATE, AND WHETHER THE CHINESE COMPANY CAN GET BENEFIT OF SUCH TDS AT THE TIME OF RETURN FILING IN CHINA.

WHETHER THERE IS ANY DTAA BETWEEN INDIAN & CHINA?

15 June 2010 There is a DTAA between India and China.
As per the facts given by you the services will be covered under FTS. The tax rate will be 10%. But again it will depend on the perid of stay in India which, in case, exceeds 182 days then there is a PE exposure.

You can call me in case of doubts at 9654969693



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