Applicable tds rate

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Dear Sir /Madam, Our company is engaged in the trading of water Purifier. It sales the product through distributors and give commission to them. It has group companies abroad. Now the company has to remit the commission payble to its group company at Malaysia. The Malaysian group company has raised debit note to the Indian company for commission payable. The abroad company has paid commission on behalf of Indian company to the distributors stayed at Malaysia for adding the business for the Indian company and claims the same from Indian company. Please clarify what will be the applicable TDS rate and under which section in order to prepare 15CB. I have gone through the DTAA but could not find provision for commission payable. Thanks
Replies (3)

Section 194H shall aplly at 5%.New limit is 15000.(wef 01/06/2016)

If the commission was received outside India for income received abroad no tds would have applied but in the given scenario,the income arises from India and remittance alone is done abroad hence TDS provisions will apply u/s 194H.I hope your clear now.

Regards.

This is international transactions. Section 195 attracts as the remittance is being made to Malaysia Non resident. 

It is a reimburseable expense in that case.So TDS need not be deducted and Form 15CA is enough to pay.

Distibutors are outside India and its business income for them and payments are being made to parent company only right.So it is a reimburseable expenses.

If parent co. add some margin then Indian Co. must deduct tax.

 


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