Vidhu Duggal & Co....

Can a Non-resident or Foreign Company claim refund of TDS deducted in India

Can a Non-resident or Foreign Company claim refund of TDS deducted in India

18 Jun, 2026

Non-residents

If TDS of any Non-resident is deducted or withheld by the residents as per the applicable DTAA or the Income Tax Act, non-resident can file the return of Income in India to calculate the actual tax liability.. 

It is important to note that non-residents are liable to tax in India as per the applicable slab rates. Where tax deducted exceeds the final tax calculated, refund can be claimed by non-resident

Foreign Company

Further, in case of Foreign Company, the final tax liability is not required to be equal to TDS deducted. Tax liability is calculated as per the applicable DTAAA & Income Tax Act. Accordingly, if excess has been deducted by residents while making payment to foreign Company. Foreign Company can claim the refund by filing the Income Tax return.

Therefore, filing an Income Tax return is generally recommended where tax has been deducted or DTAAA benefits are claimed.

A non-resident may opt for the more beneficial tax rate available under the applicable DTAA or the Income-tax Act, whichever is lower.

Let's Talk

Free Consultation

Related Post

Post Img

Foreign Income? 🚀 Let Form 10F & TRC Be Your Tax Shields!

Post Img

Loans Provided at Concessional Rates to Employees are Fringe Benefits and Taxable in the Hands of Employees

Post Img

DPT-3 Filing Deadline Alert: Mandatory Compliance by 30th June 2025

Post Img

Pension is considered as Salary income & taxed at slab rates

Post Img

APA in India Explained - A Practical Guide for Companies with Global Transactions

Featured Post

Post Img

GCC in AI Sector-Why Foreign Companies Are Choosing India for Their Next Global Capability Center

Post Img

QIA to invest $1 billion in Reliance Retail for 0.99% stake; valuation at $100 billion

Post Img

Income Tax slabs & benefits available for FY 2024-25

Post Img

Ensure nomination to tackle unclaimed deposits: Nirmala Sitharaman

Post Img

TAX STRUCTURE OF BUSINESS ENTITIES IN USA

Contact us

Get In Touch With Us