I am an engineering consultant in the US. I have been contracted by an Indian company to develop certain engineering systems. Indian companies are supposed to withhold tax on remittances for technical services. However, article 15 of US-India DTAA suggests that "independent personal services" such as mine can only be taxed in their country of residence (US in my case).

Does the Indian company still absolutely have to withhold tax? And if so, how do I claim credit for that in the US?

Thanks

Offhand, I would say NO, but this is really an Indian tax question, and this forum deals exclusively with U.S. tax issues.

You may want to post the question at the link below:

http://mytaxes.in/