Few Points on TDS on International Payments.

Ø  In case foreign entity have PE in India, then income to be computed under business head and tax rate will be 40%.  

Ø  In case there is no PE, then refer DTAA between India and that country and obtain the rate as per article of DTAA.

Ø  Then refer section 115A of the Income tax act and obtain the rate and apply the rate which is beneficial to you.

Ø  However to apply DTAA foreign entity must have India PAN and his country TRC.

Ø  International Law Firm  - No TDS on their payment.

Ø  Export commission is also not taxable.

Ø  No TDS on advertisement payment to Google.

Ø  Rate of forex – Buying rate on the date of deduction of TDS.  

Ø  TDS Deduction from payments made to Non-Resident foreign shipping Companies:

If the Payments are made to an agent of a Foreign(Non-Resident) Shipping Liner. Tds need not be deducted on the following category of expenses:

Ocean Freight

Terminal Handling Charges

Demurrage Charges

Any other amount of Similar Nature (Like Addl.Ocean  Freight/Addl.Demurrage/Addl.THC etc )

Ø  Form 15CA/ CB not required for transfer to NRO  from NRE account.

Ø    The Central Board of Direct Taxes has clarified to field officers that the requirement of deducting tax at source when a person makes payments to non-residents or foreign companies should be enforced only on that part of the remitted amount that accounts for the recipient's income chargeable to tax in India.