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Q. > Please Help: Querry about TDS.
some employees in a company, they are from USA. their contract says that co. need to pay them salary net amount. but it never says about tax in india. and co. is depositing tax from its own pocket and paying them the whole amount. is it ok as per TDS regulation. and they are liable for paying taxes in USA. Is it lawfull, if co. is not deducting TDS from their salaries? Do we have any DTAA with USA.?
answered Jun 26, 2011 by Neha Jain
first know their residential status as per the act.
What is written in the contract cannot over rule anything prescribed in the law. therefore if the amount is paid by grossing up, then it should be done as per section 195A of Income tax Act.
If you are paying following the provisions in the law, it is ok as per TDS regulation no matter if it contradicts the contract.
And yes there is a DTAA with USA: Also as per DTAA in the present case the amount is taxable in India, hence TDS needs to be deducted and also look section 40 (a).
answered Jun 30, 2011 by CA. Sachin Data , Alwar
Their residential status is going to determine the answer to ur question.....
answered Jul 18, 2011 by CA VIKAS JAIN , DELHI
co is depositing tds on their income.
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