TDS on Payment to Non-Residents and Foreign Company [A.Y.2017-18]

Any person responsible for paying to a non-resident, no being a company, or to a foreign company, any interest or any sum other than salary shall deduct TDS as per the provision or procedure given below.

Please read the complete article to know the procedure to deduct TDS on payment to Non-residents and Foreign company.

Person Responsible to deduct Tax

The payer and if the payer is a company, including the principal officer thereof, or the authorised dealer, as the case may be.

Exemption Limit: Nil.

Time of deduction of TDS

Tax shall be deducted either at the time of actual payment to Non-Residents and Foreign Company of such income or at the time of tis credit to the account of the payee whichever is earlier.

Where interest/income is credited to any account, whether called interest account, suspense account or by any other name in the books of accounts of the person liable to pay such income, such crediting shall be deemed to be credit of such income to the account of the payee.

Note: Amendment made by the Finance (No. 2) Act, 2014: Time period for deposit of tax deducted at source in case of payment to non-resident till due date return u/s 139(1) [SECTION 40 (a) (i)]

Time limit for deposit of TDS

Where tax is deducted by the office of the Government:

a)    On the same day where the tax is paid without production  of an income-tax challan; and

b)    On or before seven days from the end of the month in which the deduction is made, where tax is paid accompanied by an income-tax challan.

In any other case,

a)    On or before 30th day of April where the income or amount is credited or paid in the month of March; and

b)    In any other case, on or before seven days from the end of the month in which the deduction is made.

Time limit for issue of certificate of TDS and Form

When TDS is deducted on the payment to Non-residents and Foreign Company, the deductor should issue form 16A within 15 days from the due date for submitting TDS return/statement.

The form 16A should be issued quarterly on or before 15th August, 15th November, 15th February and 15th June. 

TDS Return/Statement

The form No.27Q should be submitted in case of payment to non-residents and foreign company at TIN Center quarterly on or before

31st July, 31st October, 31st January for first 3 quarters and 31st May for the last quarter.

Annual tax statement under section 203AA

In Form No. 26AS to be prepared and delivered by the Principal Director General or Director General of Income Tax (Systems) or a person authorized by him to the deductee by 31st July following the financial year during which taxes were deducted or paid.

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Add a Comment
  1. I have deducted 20.6(20+3%cess) on a payment made to a foreign airline with PAN. However, when I filed the same on 27Q under 195, there was a demand for short deduction at 30.9% (30+3%cess). Is there a mistake somewhere? Or is there any code that I should have filed it under 27Q that I missed? Please help!

  2. M. Mayur Prabhu

    Dear Sir,
    My company gets tools from my parent company in the US. The invoices they give us are 1. for the cost of the materials and 2. for services in assembling the tool. Since the assembling is done in the US, do we have to deduct TDS on remittances to the parent company?

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