If a person(individual) is paying to a non resident (a company incorporated outside india) for some services which will be rendered outside india, Is it mandatory for the person to deduct TDS on such payment? If yes, how much tds is to be deducted? Will it make any difference if the person paying is a company.
4 Replies
CA MANISH SAXENA
(Partner)
(561 Points)
Replied 03 March 2016
Yes,in case of company and person getting audited u/s 44AB ,It is mandatory if payment is making from India.
Rahul Panwar
(nothing)
(123 Points)
Replied 03 March 2016
no TDS is required to be deducted as this service is rendered outside india so such service is not taxable in india. TDS is deducted only on those payment is subject to tax in india under income tax act. If above service is accure or arise outside india then no TDS is required. you can obtain Form 3CA from Jurisdicational AO to ensure that No TDS is applicable
Shrinivas
(Senior Accounts Officer)
(22 Points)
Replied 03 March 2016
Yes TdS would be applicable in case of company and persons requiring audit u/s 44AB. Rates will depend on availability of PAN and TRC
CA Minesh Rawat
(CA Job)
(40 Points)
Replied 04 March 2016
As income is not accrued/received in India and therefore it is not taxable in India and hence deduction of tds under section 195 is not required....
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