TDS In case of Non-Resident – Section 195

Posted On September 21, 2022September 21, 2022

An assesses total income earned during the previous year is taxable in the assessment year, i.e., the year following the financial year. However, tax has to be paid in the previous year itself in the form of TDS, TCS, and advance tax.

TDS refers to tax deduction at source, which is required to be deducted by the person at the time of making payments like salary, rent, commission, professional fees, interest etc. and deposit the same with the government on or before the due date. A fixed percentage is defined in the Income Tax Act 1961 for the purpose of TDS.

Here we are looking at the TDS in the case of payment to a non-resident.

Section 195

Section 195 is applicable to any individual (resident or non-resident) who is making payment of interest or any other amount chargeable to tax (except payments under section 194 LB, section 194 LC, and salary payments outside India) to an individual non-resident or foreign company. Such a person is liable to deduct tax at the rate specified by the Income Tax Act 1961. This helps to reduce the revenue loss by deducting the tax while making the payment to a non-resident. Furthermore, the payer is required to furnish the details of payment in the form as prescribed by the Central Board of Direct Taxes.

For the purpose of this section, “payer” can be any person. Here, “any person” includes both residents and non-residents. The residential status of a payee can be determined as per section 6 of the Income Tax Act 1961.

Section 194 LB of the Income Tax Act 1961 deals with the provisions relating to income by way of interest from the Infrastructure Debt Fund.

Section 194LC of the Income Tax Act 1961 deals with the provisions relating to income by way of interest from an Indian company or business trust.

Time of Deduction

Any person who is making payment to a non-resident individual or foreign company is required to deduct TDS at the time of credit of such income to the payee’s account or whichever comes first, at the time of payment.

Rates for the Deduction of TDS

The following are the TDS rates given under section 195:

The above rates are given as per Finance Act 2022 and a cess of 4% & surcharge is added as applicable.

The payee can choose between the rates specified in the Finance Act 2022 and the rates specified in the Double Taxation Avoidance Agreement (DTAA), whichever is more advantageous to the payee. Furthermore, no surcharges or less are required to be added to the DTAA rates.

However, if the payee fails to furnish the PAN to the payer, then the payer will be required to deduct TDS at higher rates as per section 206AA.

Threshold limit to deduct TDS

There is no threshold limit for deducting TDS. TDS shall be deducted on all types of payments as prescribed under section 195.

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