Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Non resident company not having PE in India can claim TDS credit without providing PAN

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Non resident company not having PE in India can claim TDS credit without providing PAN
Query (Issue) Started By: - LOKNATH PRASAD Dated:- 29-12-2016 Last Reply Date:- 3-1-2017 Income Tax
Got 2 Replies
Income Tax
Indian company enter into an agreement with foreign company for providing consultancy services. Foreign company (Germany) does not having PE in India can claim TDS deducted b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y Indian company. It does not have PAN also. What documents are required by foreign company to get TDS credit deducted by Indian company Reply By Ravi Kumar: The Reply: * If you are a Resident, income earned by you anywhere in the world shall be taxable in India and has to be included in your total income. * Convert income earned outside India into Indian currency - Convert your income in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... foreign currency into Rupees by using the State Bank of India telegraphic transfer buying rate (TTBR) of the last day of the month before the month in which income is due. For example, for converting salary income of June 2014, use the TTBR of the relevant currency for May 2014 and convert your salary into Indian Rupees. * Now include this income under the head to which it belongs - include sal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ary income under the head 'salaries' etc. * You have to treat this income as any other income which is earned by you locally. Minimum exemption of ₹ 2,50,000 is allowed on your total income and remaining income is taxable as per slab rates. * If TDS has been deducted on your income you are allowed to take credit of such taxes. For this purpose, reference has to be made to the relevant DT .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... AA (Double Tax Avoidance Agreement) of the country where such income has been earned. India has entered into DTAAs with several countries. DTAA makes sure a tax payer is not doubly taxed for income earned outside the country of residence. Since income may be taxed at source i.e. from the place it originated and is also usually taxable in the country of residence, the DTAA makes sure that the taxpa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... yer is not adversely impacted. The tax payer is also allowed to take credit of TDS deducted. * Taking benefit of a DTAA involves obtaining a TRC or a tax residency certificate, that helps identify and certify your tax residency status to make sure the correct DTAA has been applied. This is also required by the tax laws in India. * While taking TDS credit make sure you are referring to the corr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ect DTAA. Under DTAA, there are two methods to claim tax relief - exemption method and tax credit method. By exemption method, income is taxed in one country and exempted in another. In tax credit method, where the income is taxed in both countries, tax relief can be claimed in the country of residence. * If no DTAA exists between the 2 countries you may still be able to tax credit of foreign ta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... xes paid. You may need an expert to assist you. * In the latest income tax return forms, several disclosures have been added for income on which DTAA benefit has been claimed. If you have earned foreign income on which TDS or any form of tax has been deducted, you may need help from an expert to obtain a TRC and make sure correct DTAA is applied so you can take credit of the foreign tax deducte .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d. Reply By LOKNATH PRASAD: The Reply: My query is "How does German foreign company will get TDS credit deducted in India" if it does not have PAN. Above reply is related to Indian earning foreign income.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates