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TDS Rate Chart for Payments to Non-Residents (Section 393(2))

Section 393(2) of the Income-tax Act, 2025 lists 17 kinds of payment to a non-resident with the rate for each: 20% for non-resident sportsmen and entertainers, 5%, 4% or 9% on specified foreign borrowings and bonds, 10% and 12.5% for offshore funds and Global Depository Receipts, and rates in force for any other sum chargeable to tax. The Table has no threshold limits.

Checked against the official text on 2 October 2026
Any other sum chargeable to tax, paid to a non-residentRates in force

The Finance Act rate for the year, or the tax agreement rate where it applies. Other income: 30%, and 35% for a foreign company.

ITA 2025 · s. 393(2) · Sl. No. 17 · FA 2026 · First Sch. Part II
Non-resident sportsman, entertainer or sports association20%

On income referred to in section 211.

ITA 2025 · s. 393(2) · Sl. No. 1
Mutual fund units and Foreign Institutional Investors20%

Or the tax agreement rate, if lower and the certificate under section 159(8) is furnished.

ITA 2025 · s. 393(2) · Sl. No. 10 and 15 · Note 2
Health and Education Cess on the tax deducted4%

On income-tax plus surcharge. The exclusion from cess is only for resident payees.

FA 2026 · s. 3(16) and 3(17)
Section 393(2), Table, Sl. No. 1 to 5

Sportsmen, and Interest on Foreign Borrowings and Bonds (Sl. No. 1 to 5)

Tax is deducted on the amount of the income or sum at the rate in column E, at the time of credit or payment, whichever is earlier (section 393(2)). Column D of this Table has no threshold limit.

Sl. No.Nature of incomePayeePayerRate
1Any income referred to in section 211A non-resident sportsman (including an athlete) or an entertainer, who is not a citizen of India; or a non-resident sports association or institutionAny person20%
2Interest on moneys borrowed in foreign currency from a source outside India, (a) under a loan agreement or issue of long-term infrastructure bond on or after 1 July 2012 but before 1 July 2023, or (b) by issue of any long-term bond on or after 1 October 2014 but before 1 July 2023, approved by the Central GovernmentAny non-resident (not being a company) or a foreign companyAny Indian company or a business trust5%
3Interest on moneys borrowed from a source outside India by issue of rupee denominated bond before 1 July 2023Any non-resident (not being a company) or a foreign companyAny Indian company or a business trust5%
4(a)Interest on moneys borrowed from a source outside India by issue of any long-term bond or rupee denominated bond listed only on a recognised stock exchange located in any International Financial Services Centre, where such bonds are issued on or after 1 April 2020 but before 1 July 2023Any non-resident (not being a company) or a foreign companyAny Indian company or a business trust4%
4(b)The same, where such bonds are issued on or after 1 July 2023Any non-resident (not being a company) or a foreign companyAny Indian company or a business trust9%
5Any income by way of interestAny non-resident (not being a company) or a foreign companyAny infrastructure debt fund referred to in Schedule VII (Table: Sl. No. 46)5%

Note 1: for Sl. No. 2, 3 and 4 the interest is income only to the extent it does not exceed interest calculated at the rate approved by the Central Government, having regard to the terms of the loan or the bond and its repayment.

Calculator

Work Out the TDS on a Payment to a Non-Resident

Pick the payee and the kind of payment, and enter the amount. The calculator uses the Finance Act, 2026 rate; a lower tax agreement rate may apply instead.

Finance Act, 2026 rates only. Tax agreement rates, lower deduction certificates and the non-company surcharge are not applied. Surcharge for a foreign company is taken on the amount entered, as the income subject to the deduction.

Section 393(2), Table, Sl. No. 6 to 10

Business Trusts, Investment Funds and Units (Sl. No. 6 to 10)

Sl. No.Nature of incomePayeePayerRate
6(a)Distributed income referred to in section 223, of the nature referred to in Schedule V [Table: Sl. No. 3.B(a)]Any unit holder, being a non-resident (not being a company) or a foreign companyAny business trust5%
6(b)Distributed income referred to in section 223, of the nature referred to in Schedule V [Table: Sl. No. 3.B(b)]Any unit holder, being a non-resident (not being a company) or a foreign companyAny business trust10%
7Distributed income referred to in section 223, of the nature referred to in Schedule V (Table: Sl. No. 4)Any unit holder, being a non-resident (not being a company) or a foreign companyAny business trustRates in force
8Income, other than the proportion exempt under Schedule V (Table: Sl. No. 2), in respect of units of an investment fund specified in section 224Any unit holder, being a non-resident (not being a company) or a foreign companyAny investment fund specified in section 224Rates in force
9Income in respect of an investment in a securitisation trust specified in section 221Any investor, being a non-resident (not being a company) or a foreign companyAny securitisation trust specified in section 221Rates in force
10Income in respect of units of a Mutual Fund specified under Schedule VII (Table: Sl. No. 20 or 21), or units from the specified companyAny non-resident (not being a company) or a foreign companyAny personAs per Note 2: 20%, or the tax agreement rate if lower

Note 2 (Sl. No. 10 and 15): tax is deducted at 20%, or, where an agreement referred to in section 159(1) or 159(2) applies to the payee and the payee has furnished the certificate referred to in section 159(8), at the rate in that agreement for such income if it is lower than 20%.

Section 393(2), Table, Sl. No. 11 to 16

Offshore Funds, Global Depository Receipts, FIIs and Specified Funds (Sl. No. 11 to 16)

Sl. No.Nature of incomePayeePayerRate
11Income in respect of units referred to in section 208Any offshore fundAny person10%
12Long-term capital gains arising from the transfer of units referred to in section 208Any offshore fundAny person12.5%
13Interest or dividends in respect of bonds or Global Depository Receipts referred to in section 209Any non-residentAny person10%
14Long-term capital gains arising from the transfer of bonds or Global Depository Receipts referred to in section 209Any non-residentAny person12.5%
15Income in respect of securities referred to in section 210(1) (Table: Sl. No. 1)Any Foreign Institutional InvestorAny personAs per Note 2: 20%, or the tax agreement rate if lower
16Income in respect of securities referred to in section 210(1) (Table: Sl. No. 1)A specified fund referred to in Schedule VI [Note 1(g)]Any person10%
Section 393(2), Table, Sl. No. 17

Any Other Interest or Sum Chargeable to Tax (Sl. No. 17)

Sl. No.Nature of incomePayeePayerRate
17Any interest (not being interest referred to against Sl. No. 2, 3, 4 and 5) or any other sum chargeable under the provisions of the Act, not being income chargeable under the head SalariesAny non-resident (not being a company) or a foreign companyAny personRates in force

Note 3: where the interest is payable by the Government, a public sector bank or a public financial institution, tax is deducted only at the time of payment. The obligation to deduct extends to all persons, resident or non-resident, whether or not the non-resident has a residence, place of business, business connection or any other presence in India. Under section 395(2) the payer may apply to the Assessing Officer to determine the proportion of the sum chargeable to tax, and tax is then deducted only on that proportion.

Finance Act, 2026, First Schedule, Part II

Rates in Force for Sl. No. 7, 8, 9 and 17, Tax Year 2026-27

Under section 2(90)(c) of the Act, for these serial numbers the rate in force is the rate specified in the Finance Act of the relevant tax year or the rate in a tax agreement under section 159(1) or 159(2), whichever is applicable. The Finance Act, 2026 rates are below. Surcharge and cess are added to them.

IncomeNon-resident IndianOther non-resident, not a companyCompany other than a domestic company
Investment income (as defined in section 212)20%No entryNo entry
Long-term capital gains referred to in section 197(4) (for a non-resident Indian the entry reads section 214 or 197(4))12.5%12.5%12.5%
Long-term capital gains referred to in section 198 exceeding ₹1,25,00012.5%12.5%12.5%
Other long-term capital gains, with the exclusion stated in Part II12.5%12.5%12.5%
Short-term capital gains referred to in section 19620%20%20%
Interest payable by Government or an Indian concern on moneys borrowed or debt incurred in foreign currency (not being interest referred to in Sl. No. 2 to 5)20%20%20%
Royalty payable by Government or an Indian concern for copyright in a book referred to in section 207(3)(a) or computer software referred to in section 207(3)(b)20%20%20%, where the agreement is made after 31 March 1976
Other royalty payable by Government or an Indian concern under an approved agreement or one in accordance with the industrial policy20%20%50% where the agreement is made after 31 March 1961 but before 1 April 1976; 20% where made after 31 March 1976
Fees for technical services payable by Government or an Indian concern under an approved agreement or one in accordance with the industrial policy20%20%50% where the agreement is made after 29 February 1964 but before 1 April 1976; 20% where made after 31 March 1976
Dividend referred to in section 207(1) [Table: Sl. No. 2]10%10%10%
Dividend other than the above20%20%20%
The whole of the other income30%30%35%

Part II items 1(b)(i), 1(b)(ii) and 2(b). Winnings from lotteries, games, horse races and online games (30% in each column) fall under section 393(3) and are in the chart for payments to any person.

Finance Act, 2026, section 3(7), 3(16) and 3(17)

Surcharge and Cess on the Tax Deducted

For Sl. No. 1 to 6 and 10 to 16 the tax deducted is increased by the surcharge in the Table in section 3(7) of the Finance Act, 2026, set out below. The limits refer to the income, or the aggregate of such incomes, paid or likely to be paid and subject to the deduction.

FA 2026 s. 3(7) Sl. No.Non-resident payeeSurcharge
2Individual, Hindu undivided family, association of persons (other than one consisting only of companies), body of individuals or artificial juridical person, except for dividend income under Sl. No. 15 and 16 and except where the income is chargeable under section 20210% above ₹50,00,000 up to ₹1,00,00,000; 15% above ₹1,00,00,000 up to ₹2,00,00,000; 25% above ₹2,00,00,000 up to ₹5,00,00,000; 37% above ₹5,00,00,000
3The same persons where the income is chargeable under section 202, except for dividend income under Sl. No. 15 and 1610% above ₹50,00,000 up to ₹1,00,00,000; 15% above ₹1,00,00,000 up to ₹2,00,00,000; 25% above ₹2,00,00,000
4The same persons, on dividend income under Sl. No. 15 and 1610% above ₹50,00,000 up to ₹1,00,00,000; 15% above ₹1,00,00,000
5Association of persons consisting of only companies as its members10% above ₹50,00,000 up to ₹1,00,00,000; 15% above ₹1,00,00,000
6Co-operative society7% above ₹1,00,00,000 up to ₹10,00,00,000; 12% above ₹10,00,00,000
7Firm12% above ₹1,00,00,000
8Company other than a domestic company2% above ₹1,00,00,000 up to ₹10,00,00,000; 5% above ₹10,00,00,000

Health and Education Cess of 4% is then added on the income-tax and surcharge (section 3(16)). For Sl. No. 7, 8, 9 and 17 the surcharge is taken from the Table in Part II of the First Schedule, which uses the same income bands and rates and limits the surcharge to 15% on the part of the tax that relates to dividend income or capital gains under sections 196, 197 and 198.

Section 393(4), 393(8) and 397(2)

Where No Tax Is Deducted, and Missing PAN

ProvisionEntryRule
s. 393(4), Sl. No. 13Sl. No. 6No deduction on income of the nature referred to in Schedule V [Table: Sl. No. 3.B(b)] if the special purpose vehicle has not exercised the option under section 200.
s. 393(4), Sl. No. 14Sl. No. 8No deduction on income that is not chargeable to tax under the Act.
s. 393(4), Sl. No. 15Sl. No. 10No deduction on income in respect of units of the Unit Trust of India payable to a non-resident Indian or a non-resident Hindu undivided family, subject to prescribed conditions.
s. 393(4), Sl. No. 16Sl. No. 15No deduction on capital gains arising from the transfer of securities referred to in section 210, payable to a Foreign Institutional Investor.
s. 393(4), Sl. No. 17Sl. No. 16No deduction where the income is exempt as per Schedule VI (Table: Sl. Nos. 1 to 4).
s. 393(8)InterestNo deduction from interest paid by an Offshore Banking Unit on a borrowing from, or deposit made on or after 1 April 2005 by, a non-resident or a person not ordinarily resident in India.
s. 397(2)(b)(i)No valid PANTax is deducted at the higher of the rate in the provision, the rates in force, or 20%.
s. 397(2)(c)No valid PANThe higher rate does not apply to a non-resident (not being a company) or a foreign company for interest on long-term bonds under Sl. No. 2, 3 and 4, and for any other payment subject to prescribed conditions.
s. 397(1)(c), from 1 October 2026Sl. No. 17A resident individual or Hindu undivided family deducting tax on consideration for the transfer of immovable property under Sl. No. 17 need not obtain a tax deduction and collection account number (substituted by section 87 of the Finance Act, 2026).
If you miss it

Late Fee and Penalty

Interest on late deduction or payment

Simple interest at 1% for every month or part of a month from the date tax was deductible to the date it is deducted, and 1.5% for every month or part of a month from the date of deduction to the date it is paid. ITA 2025 · s. 398(3)

Late fee for the statement

₹200 for every day the statement under section 397(3)(b) is late, not exceeding the tax deductible. ITA 2025 · s. 427(1) and (2)

Penalty for a late or wrong statement

₹10,000 to ₹1,00,000. Not levied for delay if the tax, fee and interest were paid and the statement is filed within one month of the due date. ITA 2025 · s. 461

Form 145 not furnished or inaccurate

A person paying a non-resident who does not furnish the information under section 397(3)(d), or furnishes inaccurate information, may be charged a penalty of ₹1,00,000. ITA 2025 · s. 462

Failure to deduct or pay

Penalty equal to the tax not deducted (s. 448). Tax deducted and not paid: simple imprisonment up to two years or fine or both above fifty lakh rupees, up to six months above ten lakh rupees, fine otherwise, unless paid by the due date of the statement (s. 476). ITA 2025 · s. 448 and 476

Worked examples

What You Pay in Common Cases

Royalty of ₹10,00,000 to a foreign company

20% under Part II, agreement after 31 March 1976₹2,00,000
Surcharge: amount not above one crore rupeesNil
Cess 4% of ₹2,00,000₹8,000
TDS₹2,08,000

Fees for technical services of ₹2,00,00,000 to a foreign company

20% under Part II₹40,00,000
Surcharge 2%, above one crore rupees₹80,000
Cess 4% of ₹40,80,000₹1,63,200
TDS₹42,43,200

Interest of ₹5,00,000 on an approved foreign currency loan, payee a non-resident individual

5% under Sl. No. 2₹25,000
Cess 4%₹1,000
TDS₹26,000

Other sum of ₹1,00,000 chargeable to tax, payee a non-resident individual

30% under Sl. No. 17 and Part II₹30,000
Cess 4%₹1,200
TDS₹31,200
Procedure

How to Apply and Pay

  1. 1Check PAN or the rule 217 documentsWithout a PAN the higher rate of section 397(2)(b) does not apply to interest, royalty, technical fees, dividend and capital asset transfers if the payee gives the documents in rule 217(2).
  2. 2Deduct at credit or paymentWhichever is earlier (s. 393(2)(b)); for interest payable by Government, a public sector bank or a public financial institution, only at payment (Note 3).
  3. 3Furnish Form 145Part A if payments in the year are up to ₹5,00,000; above that, Part C with the accountant certificate in Form 146, or Part B with an order under section 395 (rule 220).
  4. 4Deposit by the 7thWithin seven days from the end of the month of deduction, by 30 April for March (rule 218(2)).
  5. 5File Form 144 and issue Form 131Form 144 quarterly by 31 July, 31 October, 31 January and 31 May (rule 219); Form 131 within fifteen days after (rule 215(1)).

Documents to file with it

  • Valid PAN of the payee, or under rule 217(2): name, email and contact number, address abroad, tax residency certificate where the other country issues one, and the tax identification number there
  • Certificate referred to in section 159(8), where a tax agreement rate is claimed
  • Form 146 certificate from an accountant, where payments exceed ₹5,00,000 in the year and no order under section 395 is held (rule 220(1)(c))
  • Certificate or order under section 395(1) or 395(2), if obtained
Practical

How to Use This Chart

  • Identify the payee first: a non-resident who is not a company, a foreign company, an offshore fund, a Foreign Institutional Investor or a specified fund each has its own rows.
  • If no specific row applies and the sum is chargeable to tax in India, Sl. No. 17 applies at the rates in force.
  • Compare the Finance Act rate with the tax agreement rate where an agreement under section 159 applies.
  • Add surcharge where the income crosses the limit, then 4% cess on tax plus surcharge.
Not shown on this page
  • Rates under individual tax agreements (double taxation avoidance agreements) are not shown.
  • Lower or nil deduction certificates and the determination of the chargeable proportion under section 395 are not shown.
  • The surcharge Table in Part II of the First Schedule (for Sl. No. 7, 8, 9 and 17) is summarised in a note, not reproduced row by row.
  • Whether a sum is chargeable to tax in India at all (sections 5 and 9 of the Act and the tax agreement) is outside this chart.
  • The purpose codes in rule 220(3) for which Form 145 is not needed are not listed, and the contents of Forms 145 and 146 are not explained.
  • Salary paid to a non-resident is under section 392, not this Table.

Official documents behind this page

  1. Income-tax Act, 2025 (30 of 2025), as enacted, Gazette of India ExtraordinarySection 393(2), Table "For payments to non-resident", Sl. No. 1 to 17 and Notes 1 to 3; section 393(4), Table, Sl. No. 13 to 17; section 393(8); section 395(2); section 397(2); section 2(90)(c).
  2. Finance Act, 2026 (4 of 2026), Gazette of India Extraordinary, 30 March 2026Section 3(7) (Table of surcharge on tax deducted, Sl. No. 1 to 8), section 3(16) and 3(17) (cess); First Schedule, Part II, items 1(b)(i), 1(b)(ii) and 2(b) and the surcharge Table in that Part; section 84 (amendment of section 393, which does not touch the sub-section (2) Table); section 87 (section 397(1)(c)).
  3. Income-tax Act, 2025 as amended by the Finance Act, 2026 (consolidated copy)Used as a second reading of the section 393(2) Table. It carries no amendment footnote against that Table. Also read: section 393(2)(b); section 397(1)(c) as substituted from 1 October 2026, 397(2)(b) and (c), 397(3)(d); section 398(3); section 427; sections 448, 461 and 462; section 476(1) as substituted by the Finance Act, 2026.
  4. Income-tax Rules, 2026 (notified 20 March 2026), with the Income-tax (Fifth Amendment) Rules, 2026 (G.S.R. 830(E), 22 September 2026, in force 1 October 2026)Rule 215(1) (Forms 131 and 132), rule 217 (documents in place of PAN), rule 218(2) and (3)(e) (time of deposit; Form 141 where a resident individual or HUF buys property from a non-resident), rule 219(1) Table Sl. No. 2, 219(4) and 219(5)(e) (Form 144, quarterly due dates, Form 141), rule 220 (Form 145 Parts A to D and Form 146).

Disclaimer: This chart reproduces fees and rates from the official documents listed above, as read on 2 October 2026. It is general information, not professional advice for your case. Fees, rates and slabs are changed by notification, and the amount the authority’s portal or challan asks for on the day you pay is the one that applies. The calculator only adds up the figures on this page; it does not know your facts or any later change. TaxClue is not responsible for a decision taken on this page alone. Check the current notification on the official website before you pay or file.

People also ask

Questions, answered

Short, direct answers to the 11 questions readers ask most on this topic.

It depends on the row of the Table in section 393(2). Where no specific row applies, Sl. No. 17 requires deduction at the rates in force on any sum chargeable to tax. For tax year 2026-27 the Finance Act, 2026 fixes, for example, 20% on royalty and fees for technical services, 20% on short-term capital gains under section 196, 12.5% on long-term capital gains and 30% on other income (35% for a foreign company), plus surcharge and cess.

No. The Table in section 393(2) has columns for the nature of income, the payee, the payer and the rate, but no threshold limit column. Tax is deducted on the amount of the income or sum.

Yes. Surcharge is added where the income subject to deduction exceeds the limits in section 3(7) of the Finance Act, 2026, for example 2% for a foreign company above ₹1,00,00,000 and 5% above ₹10,00,00,000. Health and Education Cess of 4% is added on tax plus surcharge. The exclusion from cess in section 3(17) is only for payments to residents.

Under Sl. No. 10 read with Note 2, tax is deducted at 20%, or at the rate in the applicable tax agreement if that rate is lower and the payee has furnished the certificate referred to in section 159(8).

Under Sl. No. 1, any person paying income referred to in section 211 to a non-resident sportsman (including an athlete) or entertainer who is not a citizen of India, or to a non-resident sports association or institution, deducts tax at 20%.

No. Section 84 of the Finance Act, 2026 amends section 393(1), (4), (6) and (7) only. The rates in force that feed Sl. No. 7, 8, 9 and 17 are fixed by Part II of the First Schedule to the Finance Act, 2026.

Tax is deducted at the higher of the rate in the provision, the rates in force, or 20% (section 397(2)(b)(i)). Under rule 217, this does not apply to interest, royalty, fees for technical services, dividend and payments on transfer of a capital asset where the payee gives name, email and contact number, foreign address, a tax residency certificate where issued, and the foreign tax identification number. It also does not apply to interest on long-term bonds under Sl. No. 2, 3 and 4 (section 397(2)(c)).

Form 144, quarterly, under rule 219(1) Table Sl. No. 2. The due dates in rule 219(4) are 31 July, 31 October and 31 January, and 31 May after the tax year for the quarter ending 31 March. The certificate is Form 131, within fifteen days from the due date of the statement (rule 215(1)).

Rule 220: the payer furnishes Part A of Form 145 where payments to the non-resident in the tax year do not exceed ₹5,00,000. Above that, Part B where a certificate or order under section 395 is held, otherwise Part C with an accountant certificate in Form 146. Part D is for sums not chargeable to tax, subject to the exceptions in rule 220(3).

From 1 October 2026, no. Section 397(1)(c)(iii), as substituted by the Finance Act, 2026, removes the TAN requirement for a resident individual or HUF deducting under Sl. No. 17 on the transfer of immovable property. The Fifth Amendment Rules, 2026 have the tax paid with Form 141 within thirty days from the end of the month (rule 218(3)(e)) and the certificate given in Form 132.

Within seven days from the end of the month in which it is deducted, and by 30 April for amounts credited or paid in March (rule 218(2)). An office of the Government pays on the same day where no challan is used (rule 218(1)).