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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
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Experience:  10 years experience
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My name isXXXXX am heading an Export Division - We sell

Customer Question

My name isXXXXX am heading an Export Division - We sell around 50+ countries directly or thro agents/distributors. The distributors work on commission basis get this paid once an order is raised , supplied and payment is recieved at our end. In some cases we sell at the dicounted price to agents/distributors where the commission question does not raise. In few cases they want the entire commission 15 or 10% of order value depending upon the cases to be transfered to their bank account. Should we deduct TAX - TDS at India -if so what is the percentage- in some cases the distributor are not liking to do so and we had to loose business -please advise how to man this situation and what exactly is the rule on TDS.

The objection on TDS is that the company (Agent's) does not fall under tax filing in their country and this Certificate if issued may not prove to be any use.
Submitted: 7 years ago.
Category: Tax
Expert:  Lev replied 7 years ago.

Where is your company located? Is that US company?

Does your company have distribution facilities or other business presence in any of these of 50+ countries?


Customer: replied 7 years ago.

The company is in India

We have presence - thro Agents and distributors in about 15/20 countries

To be clear we have secured order one from Singapore and one from sudan direct from end user - we have Agent company worked for procuring this order. Part order executed in both countries.

Now we have to send commission 10 & 15 % worth of the order value to these Agents.

Indian Tax rules say TDS is must it is about 10% per rules - but the Agent does not want this to be deducted. He claims that his company 's Income does not attract any Duty so far and the TDS Certificate issued by us will not be of any use. He wants the entire amount - how to go about on this further is there any way to protect the Agent - In today's economic condition getting order is very difficult and if the Agent is deprived of his quantum though may be legal - there will be frustration in working further - suggest way out

Customer: replied 7 years ago.

I had posted my question deposited money online there is no response till date/time I am unable to comprehend why this delay???? and what is the meaning in online solution - Please stop working on this and reverse my deposit immediately- I am not satisfied with your service



Expert:  Lev replied 7 years ago.

Dear Geetha,


I was not able to address your question because it requires a specific knowledge of India tax regulations - and opted out in hope that other experts would contribute.


Unfortunately - by this time no one addressed your request.

Your money are on your account and you may use them as you wish.


I am sorry that we were not able to address your request at this time.

I suggest you to keep the question open for some time.



Customer: replied 7 years ago.



I beleive I will not be using your service in the enar future so you can refund the amount and oblige.


Thanks for yoru support and help.



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