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March 17, 2023
TDS on payment of any other sum to non-resident
Table of Content
Introduction
Tax Deducted at Source (TDS) is a method through which the government ensures that tax is collected at the source of income generation. In simple terms, TDS is a method of collecting income tax by deducting a certain percentage of the payment made to a non-resident at the time of payment. This is applicable to various payments made to non-residents, such as salary, interest, royalties, technical fees, etc. In this article, we will discuss TDS on payment of any other sum to a non-resident.
What is TDS on payment of any other sum to a non-resident?
TDS (Tax deducted at source) on payment of any other sum to a non-resident is a provision under the Income Tax Act, 1961. It states that if any sum is paid to a non-resident, which is not covered under any other TDS provision, then tax must be deducted at the rate of 30%. This provision applies to various payments made to non-residents, such as payment for professional services, commission, brokerage, etc.
Who is a non-resident?
Before we delve deeper into the provisions of TDS on payment of any other sum to a non-resident, let us first understand who is a non-resident. As per the Income Tax Act, 1961, a person is considered a non-resident if he/she does not satisfy either of the following conditions:
a) He/she has stayed in India for less than 182 days in the previous financial year.
b) He/she has stayed in India for less than 60 days in the previous financial year and has not stayed in India for more than 365 days in the preceding four financial years.
If a person satisfies either of the above conditions, he/she is considered a resident.
Provisions of TDS on payment of any other sum to a non-resident:
As per the provisions of the Income Tax Act, 1961, if any sum is paid to a non-resident, which is not covered under any other TDS provision, then tax must be deducted at the rate of 30%. However, if the non-resident has a Permanent Account Number (PAN), then the TDS rate is reduced to 20%. The TDS on payment of any other sum to a non-resident is applicable on various payments made to non-residents, such as payment for professional services, commission, brokerage, etc.
Conclusion
TDS on payment of any other sum to a non-resident is a provision under the Income Tax Act, 1961, which states that if any sum is paid to a non-resident, which is not covered under any other TDS provision, then tax must be deducted at the rate of 30%. Furthermore, it is important to ensure that the TDS is deducted and deposited within the specified timelines. The TDS deducted must be deposited with the government within 7 days from the end of the month in which the deduction is made. If the TDS is not deposited within the specified timelines, interest will be charged on the amount of TDS deducted.
In conclusion, TDS on payment of any other sum to a non-resident is a critical provision that ensures that tax is collected at the source of income generation. It is important for individuals and businesses to comply with these provisions to avoid penalties and legal consequences. By following the provisions of TDS, taxpayers can contribute to the growth and development of the country.
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