Rss Feed
Tweeter button
Facebook button
Technorati button
Reddit button
Myspace button
Linkedin button
Webonews button
Delicious button
Digg button
Flickr button
Stumbleupon button
Newsvine button
Youtube button

Wednesday, March 17, 2010

Are Individuals Foreign Citizen Exempt From TDS?

November 29, 2009 by taxworry · Leave a Comment 

Should a private ltd company in India has to deduct TDS on payments made to an individual, who is a foreign citizen of Holland? Prabha G, Chennai

Your question is very general in nature.

Section 195 of the I T Act  provides for deduction of tax at source in case of payments to non resident. It starts as under:


Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or any other sum chargeable under the provisions of this Act (not being income chargeable under the head Salaries ) shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force :

As is clear Section 195 is applicable on all kinds of non resident except a company . Thus every kind of person including individual are covered.

The law regarding deduction u/s 195 can be summed up in following lines
1.  the payment is to a non resident by whatever mode

2. the payment should be taxable in India

Google Buzz

If you found this page useful, consider linking to it.
Simply copy and paste the code below into your web site (Ctrl+C to copy)
It will look like this: Are Individuals Foreign Citizen Exempt From TDS?

Speak Your Mind

Tell us what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!