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TDS on proffesional service ( foreign service provider )

sanjay malviya

Dear Expert 

Please advise regarding TDS made or not on service charges if any proffesional service provider ( Photographer ) not any branch in india . Also advice if TDS made which rate of TDS applicable in above case.

Both Case

Foreign proffesional if no any branch in India 

If branch in india

TDS on professional services: companies must withhold tax when paying foreign service providers; domestic branch invokes specified withholding provision. Tax deduction at source (TDS) arises on payments for professional services by a foreign service provider when the payer is a company; the company must deduct tax at source regardless of whether the provider has an Indian branch. If the foreign professional maintains a branch in India, the withholding is to be effected under section 194J. (AI Summary)
Income Tax
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pranav mathur on Jun 14, 2012

In both the cases tds is deducted if payment recived from any company,

If branch in india Tds is deducted u/s 194J

Pranav

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