Dear members,
We have also a query on TDS on International transaction/payment .
Our organisation has FCRA & 12A Certificate. If any funder (abroad) has deducted any TDS from our payment . What is the remedy to claim that TDS amount in India
Usually, we receipt against project funds/consultancy fee/ research work.
Request all of you, kindly clarify us.
With kind regards,
L N Sharma
Dear SRRF Members,
Greetings of the day,
It is rare to hear of such cases, where a foreign based Funding agency deducts TDS. Usually TDS issue is happening in India when some Indian / Foreign (based in India) companies while making payment to NGOs may deduct TDS treating it as Contract / professional payment.
In case the foreign funding agency has deducted TDS in the country of origin, Indian NGO cannot claim any TDS refund. This TDS amount is however available for Tax credit in case such foreign income is subjected to business / professional income by the Indian Income Tax authorities and Income Tax has been charged on such income. Necessary evidence of tax deduction by the foreign entity would need to be submitted.
To avoid taxability on such income in India, provisions of Section 2(15) may be looked into to establish whether such income could fall under various proviso such as education, relief to the poor, etc.
We thank Deepak Bansal, Chartered Accountant, and S Srinivasan for providing their inputs in resolving the above query.