Withholding Tax
This query is : Resolved
13 January 2020
An Indian Company is making payment to a German Non Resident for Booth Space Booking which includes : (1) Payment for Raw Space, (2) Professional Fees, (3) Other Charges amounting to 10000 Euro. Is there any liability for deducting Withholding Tax and issuing 15CA/CB. If yes, at what rate and if not, what justification can be given.
Kindly suggest urgently.
Kindly suggest urgently.
13 January 2020
Yes the TDS should be deducted @ 20% on all the above mentioned payments. Form 15CA/CB should be filed for payment to non residents as the Bank may not process foreign remittance in absence of the statutory forms
13 January 2020
Thanks Sir for the suggestion. But Sir, isn't it Business Profit to be taxed in Other State as per Article 7 of the Indo-German DTAA and thus TDS not applicable. Here one more thing is to be mentioned which was perhaps left in the original query (I beg pardon for this) that the Booth space booking activity has been occurred in Germany and not in India. In this scenario, what would be the suggestion as DTAA prevails over IT Act?
13 January 2020
Thanks Sir for the suggestion. But Sir, isn't it Business Profit to be taxed in Other State as per Article 7 of the Indo-German DTAA and thus TDS not applicable. Here one more thing is to be mentioned which was perhaps left in the original query (I beg pardon for this) that the Booth space booking activity has been occurred in Germany and not in India. In this scenario, what would be the suggestion as DTAA prevails over IT Act?
04 June 2020
Please do mail me at ashakantasharma@gmail.com with all the details for complete analysis of the same.
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