What is with-holding of tax ?
It is important to remember that the payment is only taxable on the chargeable income, or the chargeable amount that must be made to the non-resident person. Should the payment not be included in the tax net, the payee—the person accountable for making the payment and deduction—must submit an application to the assessing officer. To find out the precise chargeable portion from which withholding tax must be withheld, one may also apply to the assessing officer. Withholding tax can only be deductible by the party paying the non-resident individual for the services they rendered.
Additionally, the payee is required to deposit the withheld taxes with the government. Depending on which is better for the non-resident individual, the withholding tax must be withheld at the rates specified in the Double Taxation Avoidance Agreement or at the prescribed rates outlined in the Act.
Why is with-holding of taxation is charged ?
The imposition of withholding tax has two main advantages. They are listed below:
The government is the primary and most significant gainer from withholding tax charges. The government only gains early income generating as its main benefit. In the event that a transaction is subject to a withholding tax, the payee deducts the tax amount at the time of payment and deposits the remaining balance with the government. As a result, the money is given to the government instantly or whenever such a transaction takes place. Because the government doesn't have to wait until the end of the year to receive the tax amount, the immediate payment results in early revenue generating for the government.
Charging withholding tax has the additional advantage of putting every transaction under observation and examination. The payee is responsible for deducting the tax and depositing it with the government under withholding tax. Because the payer bears the burden, it is crucial that they make sure the tax charged is accurate and that the equivalent amount is transferred into their account with the government. Thus, every transaction is examined in this manner at each checkpoint, such as when withholding tax is charged and when the government receives the tax that has been withheld.
The inability to evade taxes in this situation is the third significant advantage of withholding tax. This is due to two factors: first, the payer bears the responsibility for deducting and paying taxes; the non-resident individual is unable to escape the tax net. Therefore, it is essential that the non-resident individual pay tax, but via the payer. Furthermore, tax evasion is curbed since the payer must reimburse the government for the taxes that were withheld, making it impossible for either the payee or the withholding tax payer to evade the tax system.
Rates of with-holding tax and Interest charged is at the following rates as mentioned below:
Withhold tax obligations only arise when a payer's total payments to an individual in a single tax year exceed the amounts listed in the following table, unless otherwise directed.
- The Withholding Tax threshold limit for interest of non-specified categories is Rs 5,000.
- In situations when interest is obtained from bank deposits, co-ops, or post office savings, the maximum amount subject to withholding tax is Rs. 10,000.
- The withholding tax rate will be 20%, the rate stated in the applicable sections of the Income Tax Act of 1961, or the rates in effect if the individual's Permanent Account Number (PAN) is not made available.
- Taking into account one's ability to utilize or right to use computer software is another aspect of "royalty." With-holding of tax is at 10%
- HUF at 1%
- Land, plant and machinery at the rate of 2%
- 20% of dividends paid by domestic corporations; b)
- No tax, or NIL, is applied to royalties.
- 10% is charged for technical services;
- 10% is charged for other services;
- 30% of income is charged to individuals;
- 40% of income is charged to companies;
- The rates mentioned above apply to nations with which India does not have a double taxation avoidance agreement (DTAA).
Consequences of Non-payment of withholding tax
The assessing officer may impose a minimum penalty, and the maximum penalty is equivalent to the amount of tax that is not deducted or paid, for non-deduction and failure to pay the deducted tax to the government. Interest will be paid up to the day the withholding tax is paid. The withholding tax that has been withheld must be paid by the seventh day of the month in which it has been withheld, with the exception of the month of March, for which the deadline is April 30.
Form 24Q, 26Q, 27Q, and 27EQ must be filled out for the withholding of tax details. This form must be paid every quarter, meaning that it must be filed between April - June, July - September, October - December, January - March. A tax deduction certificate must be given by the payer to the payee for each quarter. You can download this certificate of withholding tax deduction from the TRACES website.
Determining the status of resident of India or NRI
After considering the assessee's whole stay in India during the "prior year" (April 1–March 31), the status of Resident Indian or Non-Resident Indian is established.
To qualify as a Resident Indian, the assessee must have stayed in India for:
- 182 days or more in the previous year, or
- 60 days or more, and has spent a total of 365 days or more in India over the four years before to the current year.
A person falls into the category of a non-resident Indian if they are unable to meet one of the aforementioned qualifications.
Tax liability of Non-Resident Indians in India:
If a non-resident Indian's income originates in India, they are subject to the following taxes:
- Interest, royalties, and fees for technical services paid for by Indian residents are all taxable sources of income.
- Taxes are applied to salaries paid in India for services rendered.
- Taxes are applied to income from enterprises operating in India.
- Property-related income in India is subject to taxation.
Withholding Tax Rates for Payments to Non-Resident Companies
It’s important to note that:
- To determine the effective rate of withholding tax, percentages must be increased by the surcharge, education cess, and secondary and higher education cess.
- Investors who own units in specific mutual funds are not required to pay taxes on their income.
- A shareholder's dividends from Indian corporations are tax-free in their possession.
- If shares of a firm or units of an equity-oriented fund are transferred, short-term capital gains arising from such transfers are subject to a 15% tax rate.
- If shares of listed firms (via stock exchanges) or units of an equity-oriented fund are transferred, there is no tax liability for long-term capital gains, provided that they are subject to STT.
- In the event that the individual's Permanent Account Number (PAN) is not disclosed, the withholding tax rate will be the greater of:
20%, or
The rate specified in the relevant provisions of the Income Tax Act, 1961, or
The rates in force.
Regardless of whether these payments are taxable or not, the payer must provide certain information.