Tag Archives: Withholding Tax

Tax Residency Certificate Not Required in Prescribed Format

In September 2012, CBDT had prescribe a format in which Tax Residence Certificate (TRC) was required from April 2013. In the Amendments to Finance Bill 2013, requirement of prescribed format has been done away with. Continue reading

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Surcharge and Education Cess on Withholding Tax

Withholding Tax rates may be limited by application of a tax treaty. The surcharge and education cess will not apply where the withholding tax is limited by a tax treaty. Continue reading

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Withholding Tax (WHT) is applicable on Suppliers Credit Transactions

Withholding Tax is applicable on Suppliers Credit Under Sec 195 of Income Tax Act 1961. Additionally DTAA treaty of the respective country has to be referred for the definition of interest to arrive at final conclusion. Continue reading

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Certificate of Tax Residency under DDTA (Withholding Tax)

From April 2013 onwards when buyers credit is taken from foreign bank, importer will also need to collect Certificate of Tax Residency in specific format from these foreign banks to claim benefit of lesser Withholding Tax (WHT) rates under DDTA or else standard rate of 20% will be applicable. Continue reading

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5% WHT as per Sec 194LC not applicable to Buyers Credit

Section 194 LC for Tax Deduction by Indian Specified Company on Interest paid to Non resident / Foreign Company is not applicable to Buyers Credit. Continue reading

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Form 15CA & 15CB Not Applicable on Interest payment to Indian Bank Branches

As per Income Tax circular 04/2009 dated 29th June, 2009 (Circular Link provided below), Form 15CA and 15CB Certificate under Section 195 of Income Tax is required to be submitted in cases where payments are made to a non-resident. Continue reading

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Country-wise Double Taxation Summary Chart on Interest

To Avail Buyer’s / Supplier’s Credit: E: sanjaymandavia@gmail.com, M: +919825560186 Below Country-wise double taxation summary chart provides Tax rate and Article reference number applicable on interest payments to beneficiary outside India. Same will be useful at the time of filling up Form … Continue reading

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Consequence of Non Deduction of Withholding Tax (WHT / TDS)

Disallowance of the amounts paid under Section 40 (a) (i). It should be noted that the scope of the section dealing with payments to non residents is wider than that of 40 (a) (ia) which deals with residents. Continue reading

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Buyer’s Credit from Mauritius Based Foreign Bank

To avail Buyer’s / Supplier’s Credit…E: sanjaymandavia@gmail.com, M: +919825560186 Since last week or so, Foreign bank branches based out of Mauritius are either not able to quote or are quoting above the RBI prescribed ceiling for 6 months LIBOR + 200 … Continue reading

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Difference between Buyer’s Credit and Supplier’s Credit

Difference between buyers credit and suppliers credit are based on criteria like, Mode of payment, LC clauses, arrangement process, and cost involved. Continue reading

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WHT (Withholding Tax) on interest on Buyers Credit

Under Sec 195 of Income Tax Act 1961, Tax is required to be deducted on the interest amount paid by the Indian corporate to overseas lenders (bank / suppliers) on the loans taken. Impact on Importers and Process flow of payment of Withholding Tax Continue reading

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