TDS on Payments to non-resident sportsmen or sports association [Section 194E]

Last udpated: Jan. 11, 2019, 5:38 p.m.

Applicability

This section provides for deduction of tax at source in respect of any income referred to in section 115BBA payable to a non-resident sportsman (including an athlete) or an entertainer who is not a citizen of India or a non-resident sports association or institution.

Rate of TDS under section 194E

Deduction of tax at source @20.8% should be made by the person responsible for making the payment. Health and education cess @4% on TDS rate of 20% would be leviable, since payment is made to a non-resident.

Time of deduction of tax

Such tax deduction should be at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier.

Income referred to in section 115BBA

  1. income received or receivable by a non-resident sportsman (including an athlete) by way of-
    1. participation in any game or sport in India (However, games like crossword puzzles, horse races etc. taxable under section 115BB are not included herein); or
    2. advertisement; or
    3. contribution of articles relating to any game or sport in India in newspapers, magazines or journals.
  2. Guarantee amount paid or payable to a non-resident sports association or institution in relation to any game or sport played in India. However, games like crossword puzzles, horse races etc. taxable under section 115BB are not included herein.
  3. income received or receivable by a non-resident entertainer (who is not a citizen of India) from his performance in India.
Author
Posted by CA Ankit Sharma under Income-Tax

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