TDS RATE ON PAYMENT TO NRIs

Saurabh Aggarwal (Chartered Accountant) (371 Points)

22 July 2009  

 

Subject: OPINION – TDS Clarification U/s 195 OF THE INCOME TAX ACT 1961
 
           
A Company is remitting funds to Non Residents / foreign nationals on account of :-
 
-      Agency Payments,
 
-     Transporter payment,
 
-     Auditors payment
 
-           Consultancy payment for registration of office or for other need based services.
 
-           Payments to foreign suppliers for supplying material to BHEL
 
-           Royalty or Technical fees
 
-           Professional fees
 
-           Consultancy thru e-mail or website login
 
In view of above we solicit your valuable legal opinion on the following:
 
(1) Whether TDS is deductible on all above items or not, please clarify item-wise.
 
(2) If TDS is not deductible on any of the above items, whether Accountant / CA certificate is still required or not for submission to Bank at the time of remittance.
 
(3) And whether remittance can be made without the Accountant certificate, if TDS is not   deductible.
 
Please dont forget to give the referene

Thanks & Regards