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TDS on salaries to non resident

Guest

Sir,

Suppose the Private Ltd Company situated in India pays the salary in Foreign Currencies i.e. in Singapore Dollar to the employee whose nationality is Malesia of Rs. 14000 per month net of taxes. Whether  this company has to deduct the tax if yes, at what rate. Also let us know whether the company has to furnish every month form CA and form 15CB for such remittance. Please provide us the detailed calculation sheet.  You are also requested to advise us whether deduction under section 80C is available or not for such NRI employee.
TDS on nonresident salary: Section 192 applies; taxability depends on where services are rendered and may be exempt. Apply tax deduction from salaries provisions (192) to a nonresident's pay; taxability hinges on where services are rendered and the employee's residential status. If net annual income is below the minimum exemption limit, no TDS arises as the income is not chargeable to tax. Recognised savings deductions equivalent to 80C are available to the nonresident employee. (AI Summary)
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Anuj Gupta on Oct 28, 2011

Here the applicable section is 192 and not sec 195.

Also the important question is where the employee is posted or rendering his services , that only shall decide about taxability of such NR employee.

Also if the salary is Rs.14,000/- net of taxes then there is no liabilty of TDS as net income of NRI shall not exceed the minimum income not chargeable to tax i.e. Rs. 1.8 lakhs.

Yes deduction u/s 80 C is available to NR employee.

 

Anuj

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