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Salary received from foreign company, Income Tax

Issue Id: - 4293
Dated: 26-6-2012
By:- N R CONSULTING N R CONSULTING

Salary received from foreign company


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Can a foreign company without having any office or establishment in India, maintain employees in India who will work from home on a salaried basis?

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Showing Replies 1 to 3 of 3 Records

Page: 1


1 Dated: 27-6-2012
By:- Anuj Gupta

If you strictly go by the intention ogf Govt. then the answer is NO. But practically, many foreign Companies are doing so ,provided the TDS u/s 192 is deducted by them.

There is also an risk of forming a PE in India and the foreign company getting taxable in India.


2 Dated: 27-6-2012
By:- N R CONSULTING N R CONSULTING

How can the foreign Company get a TAN in India for deducting and depositing tax under section 192?


3 Dated: 27-6-2012
By:- Anuj Gupta

Thats what I said in my earlier reply "If you strictly go by the intention of Govt. then the answer is NO".

Foreign Company needs to establish an Branch ?Liasion Office or a subsidiary for the same purpose.

 

Anuj


Page: 1

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