Octagona/Internationalization News/Higher tax burden for Italian companies without PAN
Higher tax burden for Italian companies without PAN

Higher tax burden for Italian companies without PAN

TLDR
  • From April 1, 2010, sales of services in India without a Permanent Account Number (PAN) are subject to a 20% or higher withholding tax (TDS).
  • The rule is included in the Income Tax Act, 1961 and applies also to foreign individuals providing services in India.
  • The penalty, announced in the Budget 2009-10, serves to strengthen the Indian tax department's database and improve fiscal discipline.
  • The customer and the supplier must indicate the supplier's PAN in correspondence, invoices, vouchers and other documents; otherwise the customer will be charged an increased TDS.
  • Italian companies that have frequent sales in India should apply for a PAN to avoid very high withholding taxes.

As of April 2010, sales of services without a Permanent Account Number (PAN) are subject to higher taxation. In fact, the Government of India has declared that a higher withholding tax (20% and above) will be withheld on all transactions subject to Tax Deduction at Scource (TDS) for which the taxpayer does not have a PAN.

The new TDS provision was included in the Income Tax Act, 1961 and is effective April 1, 2010. The imposition of penalties against those who do not have PAN had already been announced in Budget 2009-10 and is intended to strengthen the tax department's database and increase fiscal discipline.

It should be kept well in mind that the Is also applicable to all foreign entities providing services in India and, in general, on all payments or remittances of money subject to TDS. For all Italian companies with frequent sales operations in India it is therefore advisable to apply for PAN To avoid very high source retention.

In order to avoid disputes over whether or not to indicate the NAP, it is also stipulated that. both the customer and the supplier must include the supplier's PAN in all correspondence, invoices, vouchers and other documents exchanged between the parties. If the customer fails to comply with these obligations, he will have to withhold a TDS higher than the normal deduction percentage.

For more information on how to obtain your PAN number, you can send an e-mail to the following address. [email protected].

Octagona, a consulting firm in international business with offices in Carpi (MO) and New Delhi (India), specializes in providing services that enable Italian companies to start or develop their internationalization process in the Indian market and SAARC area.

Source: The Indian Express

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Frequently Asked Questions

What happens if an Italian company that sells services in India does not have a PAN?

Payments subject to TDS (Tax Deduction at Source) are subject to a higher withholding tax, equal to 20% or more, compared to the standard rate. The rule applies since April 1, 2010 and also affects foreign suppliers without a Permanent Account Number, reducing the amount actually collected.

What is the Indian PAN and why is it needed by foreign companies providing services in India?

The PAN, Permanent Account Number, is the tax identification number used by the Indian tax department. It is required by foreign companies because, if missing, a higher withholding tax applies to transactions subject to TDS. Having it allows you to avoid high withholding taxes and operate more fiscally regularly.

Since the higher TDS tax is applied to those who do not have a PAN, and under which law is this provision provided?

The higher rate applies from April 1, 2010. The provision was included in the Income Tax Act, 1961, the Indian income tax law. It was already announced in the 2009-10 Budget with the aim of strengthening the tax department’s database and increasing tax discipline.

Does the rule regarding PAN and TDS apply to foreign suppliers and to all payments to India?

Yes, the rule applies to foreign entities providing services in India and, in general, to all payments or remittances of money subject to TDS. Italian companies with frequent sales operations in the country are therefore involved and should apply for a PAN.

In which documents should the vendor's PAN be indicated in the sales of services in India?

The supplier’s PAN must be provided by the customer and the supplier in all correspondence, invoices, vouchers and other documents exchanged between the parties. The purpose is to avoid disputes. If the customer fails to comply with these obligations, they must withhold a TDS exceeding the normal deduction percentage.

How can an Italian company obtain the PAN number to sell in India?

An Italian company can request information about the procedure for obtaining the PAN by writing to [email protected]. Octagona is a consulting company with offices in Carpi (MO) and New Delhi, specializing in supporting Italian companies in internationalization in the Indian market and in the SAARC area.

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