Section 195 of the Income Tax Act: A Comprehensive Guide to TDS on Non-Resident Payments

Navigating the complexities of taxation can be a daunting task, especially when dealing with cross-border transactions. Section 195 of the Income Tax Act, 1961, plays a crucial role in ensuring that non-residents fulfill their tax obligations in India. This comprehensive guide will delve into the intricacies of Section 195, providing a clear understanding of its implications, procedures, and consequences.

Understanding Section 195

Section 195 of the Income Tax Act mandates the deduction of tax at source (TDS) on payments made to non-residents, including foreign companies, for income that is taxable in India. This provision ensures that non-residents contribute their fair share to the Indian exchequer, even if they do not have a physical presence in the country.

Who is Responsible for TDS Deduction?

The responsibility of deducting TDS under Section 195 falls upon the person making the payment to a non-resident. This person, known as the “payer,” can be an individual, a company, a partnership firm, or any other entity responsible for making the payment.

Types of Payments Covered

Section 195 applies to a wide range of payments made to non-residents, including:

  • Interest
  • Dividends
  • Royalties
  • Fees for technical services
  • Capital gains
  • Winnings from games and lotteries
  • Any other income chargeable under the Income Tax Act

TDS Rates

The TDS rate applicable under Section 195 varies depending on the nature of the payment and the provisions of the Income Tax Act. The payer must determine the correct rate based on these factors.

Consequences of Non-Compliance

Failure to comply with the provisions of Section 195 can lead to severe consequences, including:

  • Disallowance of expenditure for businesses
  • Penalty for non-deduction or late deposit of TDS
  • Penalty for non-payment of deducted TDS
  • Penalty for short deduction of TDS

TDS Return and Certificate

After deducting TDS, the payer is required to file a TDS return electronically and issue a TDS certificate to the non-resident. These documents provide a record of the TDS deducted and serve as proof of compliance.

Section 195 of the Income Tax Act is a crucial provision that ensures the collection of tax from non-residents on their taxable income in India. Understanding the provisions of this section is essential for both payers and non-residents to fulfill their tax obligations and avoid any legal complications. By adhering to the guidelines outlined in this guide, taxpayers can navigate the complexities of cross-border transactions with confidence.

Sec 195 TDS on payment outside India


What is Section 195 of the tax code?

Section 195(c)(1) defines “start-up expenditure,” in part, as any amount (A) paid or incurred in connection with investigating the creation or acquisition of an active trade or business, and (B) which, if paid or incurred in connection with the operation of an existing active trade or business (in the same field as the …

What is the section 195 election?

An election under IRC §195 to expense the first $5,000 of start-up expenditures and amortize any remaining expenditures over 180 months must be made no later than the due date, including extensions, for filing the tax return for the tax year in which the trade or business begins.

What are the consequences of non deduction of TDS?

Any individual who is liable to deduct TDS but fails to deduct it wholly or partly, or does not pay it to the government, will be subject to pay interest. The interest rate is: One percent per month or part of a month on the TDS amount from when TDS was to be deducted.

What is the TDS for buying shares from NRI?

TDS Provisions for NRIs The TDS rate is 10% for equity-related capital gains and 20% (post-indexation) for non-equity investments. Short-term capital gains from equity-oriented investments attract a TDS of 15% plus applicable cess, while non-equity-oriented investments (such as debt funds) are subject to a TDS of 30%.

What is section 195 of Income Tax Act?

Section 195 of the Income Tax Act, of 1961, outlines the TDS provision for individuals making payments, excluding salary, to NRIs or foreign companies. NRIs are required to file tax returns for income earned in India and can also claim TDS when filing their tax returns.

How does section 195 affect tax evasion?

Take a look at the following table illustrating the TDS rates applicable to particular transactions: Thus, Section 195 of the Income Tax Act allows payers to deduct tax at source before making payments which removes the possibilities of tax evasion.

What are the provisions of Section 195?

In the backdrop of the provisions of section 195, any person making any payment to a non-resident is required to obtain TAN and deduct tax at the applicable rates. The payer must deposit the tax deducted from the government against the PAN of the payee within the applicable due dates.

How to deduct TDs under Section 195 of Income Tax Act?

The payer not only has to deduct TDS under the provisions of Section 195 of the Income Tax Act, 1961, the deducted tax should also be submitted to the Government on behalf of the NRI. To do so, the payer should fill and submit a challan or a TDS deduction form within the 7th of the next month.

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