• Tax deduction on royalty income of the company

Hello,
I need some clarification regarding tax deduction on royalty income of the company. If a domestic company in India earns any income by sharing its copyright material or any scientific research work to foreign companies then will this company be eligible for tax deductions? If yes, how much for each scientific research work ? Also, tell me the documents/forms required for availing this deduction.

Thanks
Asked 3 years ago in Corporate Tax

- Domestic Company in India is always treated as resident of India nd in such case global income is taxable in India. In your case, domestic company is earning royalty income from foreign sources. It is a liability of a foreign company to deduct WHT (Withholding tax) based on income tax provisions in their country subject to DTAA provisions. Under DTAA, usually royalty income is taxable @ 10% flat rate. To claim the benefit of DTAA provisions, submit following documents to the foreign company.

 

1. TRC i.e. Tax residence certificate

2. Address of company

3. Contact details of Company

 

Collect WHT certificate from foreign company to claim benefit of DTAA under ITR and for record.

Vivek Kumar Arora
CA, Delhi
4846 Answers
1039 Consultations

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Both sections are applicable to Individuals and not companies.

Vivek Kumar Arora
CA, Delhi
4846 Answers
1039 Consultations

5.0 on 5.0

- 80QQB is available on total royalty received. 


In your case it is actual amount received and not accrued.

Vivek Kumar Arora
CA, Delhi
4846 Answers
1039 Consultations

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Dear Sir,

 

Hope you are doing well !!

 

No, both sections are not applicable to domestic companies.

 

Both sections are applicable to individuals only.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

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It is available on the total amount of royalty income received,

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

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Hi,

 

Please note that section 80QQB and section 80RRB is applicable only to an individual and not to a company.

 

 

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

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The maximum deduction allowable under section 80QQB and 80RRB is INR 3 lacs each. So, even if you get royalties for multiple work, maximum deduction cannot be more than 3 lacs.

 

80RRB will not be applicable in your case because 80RRB is for patent and not copyright.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Hi

 

No. section 80qqb or 80rrb only applicable to individuals not applicable to companies.

 

 

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Is it a patent?

We need more details to comment on above plus 80QQB and 80RRB is only for individual.

We can discuss on other ways to save tax.

 

Hope you find the information helpful if you do please rate it 5 and if you need any further discussion you can book consultation.

Thank you

Naman Maloo
CA, Jaipur
4273 Answers
97 Consultations

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