• TDS, GST and others in sending payments outside India

I recently incorporated a private limited company in the field of digital marketing and would like to get a clarification regarding a situation where we need to send payments to a US citizen with no pan in India. The said US citizen is an astronomy expert and we need to hire him as a content manager for one of our web properties. If we're to make him an employee, it'd actually be a part time job for him where we're willing to send anything between 50-60K per month as salary. The employment in such a scenario would continue for at least 1 year, as per our calculation, if not more. 

The said persons' tasks would be content writing, content editing, managing the website's comment section, recommending new content topics and managing anything else that's related to the content of the website. 

If we're to employ him as a freelancer, that'd work as well. That would give him the freedom to work in his schedule without the salary limitation. 

But we're concerned about the TDS, GST and other complexities associated with sending USD out of the country, be it an employee or freelancer. 

Getting the residency certificate is kind of out of question since the employee might not go through all those procedures as the payment amount is low for a US citizen.

Which among the two would be the best option for us, and what all would be the taxes and other compliances that we need to be prepared for, be it the freelancer route or employee route? Do we need to keep any records of the employee for Indian tax and enforcement authorities? We intend to send the payment through banking channels as SWIFT, if everything else falls in place.
Asked 2 years ago in Income Tax

If you intend to hire him as an employee then the salary would be as per slab rates. Also there could be PF deduction as India does not have SSA with USA. If you intend to hire him as freelancer then the remuneration would be taxable at 10% if it is technical service. The benefit of DTAA would not be available since he would not be furnishing TRC. The agreement should be drafted to precisely state what the role of the resource would be. 

Prerna Peshori
CA, Pune
199 Answers
12 Consultations

No it is not applicable in that case. 

Prerna Peshori
CA, Pune
199 Answers
12 Consultations

- Services by non-residents would de treated as FTS. Remitter would be liable to deduct TDS u/s 195 and file Form 15CA/15CB before making payment to non-residents. Under GST it is an import of services and company is liable to pay IGST and claim ITC on paid basis. Freelancers should raise proper invoices to the company.

 

For detailed discussion you may opt for phone consultation.

Vivek Kumar Arora
CA, Delhi
4951 Answers
1105 Consultations

I think taking him as an employee might attract provision of EPF if you have employee more than 20.

But that could save you from tax deduction as you could say salary is being paid outside India and services are also received from outside India.

 

However if you hire him as freelancer and dont have TRC then TDS would be a problem and could attract 30% TDS deduction.

 

We can discuss more over call.

 

Hope you find the information helpful, if yes do rate if 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

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