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TDS on foreign payment+ section 206AA

Naveen Jain

 Dear All,

Please confirm the tds rate in following situation

As per Budget amendment tds rate for foreign payment in respect of fee for technical service is 25%, DTAA rate for Polland is 22.5% and foreign party does not have PAN so applicability of Section 206AA.  In that situation what is the rate of TDS?????????

Regards

CA. Naveen Jain 

TDS on Foreign Technical Services: 25% Rate Applied; Clarifying Impact of Section 206AA on Surcharge and Education Cess. A forum participant inquired about the appropriate Tax Deducted at Source (TDS) rate for a foreign payment related to technical services, given a 25% rate per budget amendment, a 22.5% rate under the Double Taxation Avoidance Agreement (DTAA) with Poland, and the absence of a Permanent Account Number (PAN) for the foreign party, invoking Section 206AA. A response clarified that TDS should be deducted at 25%. The participant further asked if surcharge and education cess apply to the 25% rate, noting Section 206AA does not specify these additions. (AI Summary)
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