Tds on commission paid on high sea sale

[d.v. gupta]

whether commission paid on high sea sale is subject to the provisions of TDS.

[CA UMA KOTHARI]

Dear Mr. D.V.Gupta I have gone through your profile, articles- nil, replies/ views - nuil and issues raised by you. You are a CA, therefore readers expect some meaningful contibution in the discussion forum. I am constrained to say that msot of issues raised by are incomplete and not supported by any home work at your end. In my personal view this is a column to discuss and share knowledge and information and not simpy to get information or consultation free of cost. The query and related information provided are not suitable for discussion forum. The issue must contain full facts, and basic information gathered by the query raiser and then only a discussion can be initiated.

[DEV KUMAR KOTHARI]

I agree with views of CA uma kotharu

[Surender Gupta]

Commission paid to the agent for sale / purchase of is subject to Income Tax and consequently subject to TDS. You have to see whether such commission is paid within India or outside India. But, indeed transaction is attracting the provisions of TDS

AI Summary

TDS on commission payments: commission for high-sea sales attracts withholding where payment is made in India and taxability exists. Commission earned by an agent in connection with a high-sea sale is taxable as income and, when taxable under domestic law, is subject to withholding. Applicability of TDS depends on factual determinations about where the commission is paid and the tax residency/status of the recipient; payments made within the taxing jurisdiction generally trigger withholding obligations.