The income on reinsurance is a business receipt for the foreign reinsurer. In the absence of a PE, there should be no requirement to withhold taxes. However, you may need to ensure foreign reinsurer has a valid TRC [S. 90(4)/ (5)].
Best regards,
Tejas
| From: | "Vivek Sinha" <vs@mvco.in> |
| To: | aaykarbhavan@yahoogroups.com, |
| Date: | 15-04-2014 17:47 |
| Subject: | RE: [aaykarbhavan] Urgent Query on Sec 195 |
| Sent by: | aaykarbhavan@yahoogroups.com |
Yes the section 195 shall be attracted. Further one need to keep in mind DTAA with the country in which the foreign company is situate with respect to applicability of rates….
Thanks & Regards
Vivek Sinha
(Partner)
M V C O CONSULTING . LAW . TAX
Mukun Vivek & Company
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Delhi-110092
Telephone: 011-42147218
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From: aaykarbhavan@yahoogroups.com [mailto:aaykarbhavan@yahoogroups.com] On Behalf Of CA Rupak Agarwal
Sent: 15 April 2014 15:36
To: aaykarbhavan@yahoogroups.com
Subject: [aaykarbhavan] Urgent Query on Sec 195
Dear Members,
A life insurance company in India wants to pay reinsurance premium to another insurance company who is a foreign company and does not have permanent establishment in India.
My question is whether TDS u/s 195 will be applicable on such expenditure ????
CA Rupak Agarwal
B.Com, FCA, LL.B.
Chartered Accountants
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