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Income Tax and TDS|Glossary entry|2 min read

Section 195

TDS on Payments to Non-Residents

Income Tax provision requiring TDS deduction on any sum chargeable to tax paid to a non-resident, including royalties, fees for technical services, and interest.

Filing window

TDS deducted at the time of credit or payment

Regulator

Central Board of Direct Taxes (CBDT)

Regulator

Central Board of Direct Taxes (CBDT)

Deadline

TDS deducted at the time of credit or payment, whichever earlier; remittance by 7th of next month

Penalty

Interest under Section 201; disallowance of expense under Se...

Legal basis

Income Tax Act, 1961

§ 01
Definition

What is Section 195?

Income Tax provision requiring TDS deduction on any sum chargeable to tax paid to a non-resident, including royalties, fees for technical services, and interest.

Applies to
  • +All Indian employers and payers subject to TDS
  • +Foreign-owned Indian subsidiaries
  • +EOR providers processing client-funded payroll
§ 02
Citation

Statutory basis

Income Tax Act, 1961

Section 195

Enforced by

Central Board of Direct Taxes (CBDT)

Citations are editorially curated. Always verify current applicability with qualified Indian counsel before acting on a specific matter.

§ 03
Why it matters

The stake

TDS deducted at the time of credit or payment

Filing window for Section 195. Skipping or mishandling this compliance carries direct financial and operational consequences.

Why Section 195 matters for your GCC

Section 195 is a income tax and withholding requirement for foreign-owned Indian entities and GCCs. Missing the tds deducted at the time of credit or payment, whichever earlier; remittance by 7th of next month obligation triggers interest under section 201; disallowance of expense under section 40(a)(i); penalty under section 271c, and downstream filings or transactions may be blocked until rectification. Most foreign parents discover Section 195 issues only when a downstream transaction surfaces the prior gap, by which point rectification costs and operational delays have grown materially. Proactive handling avoids these cascading consequences.

§ 04
Pitfalls

The 4 ways Section 195 goes wrong

Real scenarios from real GCC compliance audits. Each one preventable.

01

Trap 01

Computing Section 195 on incorrect wage base or taxable transaction value

02

Trap 02

Missing the statutory remittance deadline and incurring interest under Section 201(1A)

03

Trap 03

Submitting incorrect deductee PAN, resulting in TDS credit not reflecting in employee Form 26AS

04

Trap 04

Failing to file the quarterly statement on time, attracting Section 234E late fee

§ 05
IRPR Network handles this

Done for you

FEMA and RBI Compliance

IRPR Network handles Section 195 as part of our FEMA and RBI Compliance service, with timely filings, supporting-document validation, citation tracking, and a zero-penalty compliance calendar.

Our workflow

  1. 01Identify the trigger event in your GCC operations
  2. 02Prepare and validate the Section 195 filing or compliance step
  3. 03Submit to the regulator and obtain acknowledgement
  4. 04Track in your compliance calendar for ongoing or recurring obligations
§ 07
Questions

Asked about Section 195

5 specific questions that GCC operators ask most often, answered with citations to the relevant regulations.

Need help with Section 195?

IRPR Network manages Section 195 as part of FEMA and RBI Compliance, with a zero-penalty guarantee.

Explore the service
Q01

What is Section 195 and who does it apply to?

+

Income Tax provision requiring TDS deduction on any sum chargeable to tax paid to a non-resident, including royalties, fees for technical services, and interest. For foreign-owned GCCs, Section 195 applies to all indian employers and payers subject to tds. IRPR Network handles Section 195 as part of our FEMA and RBI Compliance service.

Q02

When is Section 195 due?

+

Section 195 is due tds deducted at the time of credit or payment, whichever earlier; remittance by 7th of next month. Late filing triggers interest under section 201; disallowance of expense under section 40(a)(i); penalty under section 271c.

Q03

What law governs Section 195?

+

Section 195 is governed by Income Tax Act, 1961, specifically Section 195. The compliance is enforced by Central Board of Direct Taxes (CBDT).

Q04

What is the penalty for non-compliance with Section 195?

+

Non-compliance attracts: Interest under Section 201; disallowance of expense under Section 40(a)(i); penalty under Section 271C IRPR Network's compliance retainer is designed to prevent these exposures through proactive filing, citation tracking, and a defined compliance calendar.

Q05

Who handles Section 195 for foreign-owned GCCs in India?

+

IRPR Network handles Section 195 end-to-end as part of our FEMA and RBI Compliance service. Our team prepares filings, coordinates with regulators, validates supporting documents, and tracks all related deadlines on a defined compliance calendar.

Continue

Handle Section 195 the right way, the first time.

Book a 30-minute consultation. We will map your Section 195 obligations alongside every other India compliance for your GCC, on one calendar, one retainer.

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