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Issue ID : 1890
- 0 -

TDS rate if payment to NRI in UAE ( Commision paid on room rent or any other sale)

Date 20 Apr 2010
Replies5 Answers
Views 10904 Views
Asked By
TDS rate if payment to NRI in UAE ( Commision paid on room rent or any other sale). 1)Payment made directly to UAE parent company and as per the agreement and not to any permanent establishment in INDIA . 2) Whether this income acuree in India or UAE
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Replied on Apr 21, 2010
1. It is nature of income which is to be decided first. Whether that income is taxable in India. If the service has not been rendered in India, there is no P/E in India, the amount paid is related to activities undertaking and performed outside India, as per my knowledge and general terms, can be taxable in India and hence no TDS should be deducted in India. But, sometimes there may be exceptions which may be read in the relevant treaty between the two countries (DTAA) and terms of the agreement carefully.
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Replied on Apr 28, 2010
2. Thanks for the reply,if the room is located in India than the service will acrue in India
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Replied on May 1, 2010
3. Rohit kindly be clear of question for which you need the answer.Commission for sale or room rent ? Kindly specify the exact nature of payment.All other answers will follow if you frame the question correctly.
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Replied on May 2, 2010
4. 1)hotel located in India. 2) Payment made to party outside India i.e UAE for promoting sales only when a client of party(UAE) sa said above comes to India & stay at said hotel. 3) Commision payable on sales to UAE party by the Hotel located in Inida. 4) TDS applicable if yes than at what rates , a)assuming there is PE b) assuming there is no PE
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Replied on May 4, 2010
5. I think a business promotion activity outside India, by a person outside India, not having any P/E in India, mere receiving amount from India for services rendered outside India can not make such transaction taxable in India.

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