Service of Imported Parts provided to Foreign Vendor and Duties on that

Dear Gurus,
My Client is sending Material part (Import) ,for Service to foreign Vendor,please find the process mentioned below
PROCESS FOR SENDING DEFECTIVE PART OF ASSET(MACHINE) FOR REPAIRING TO OVERSEAS SUPPLIER/REPAIRER AND RECEIVING BACK INTO FACTORY AFTER REPAIRING.
PACKAGING MACHINE
DEFECTIVE PART IDENTIFIED
DEPOSITED INTO STORES DEPT.
CUSTOMS DOCUMENTATION -
 FOR CLEARANCE AND SENDING
                                                                             TO VENDOR.
                                                                             FREIGHT PAYABLE
                                                                             CLEARING CHARGES PAYABLE
MATERIAL REACHED TO REPAIRER
AND REPAIRED.
REPAIRED MATERIAL COMING INDIA -- IMPORT CLEARANCE.
                                                                                FREIGHT PAYABLE
                                                                                CUSTOMS DUTY ON REPAIRING
                                                                                CHARGES PAYABLE.
                                                                                CLEARING CHARGES PAYABLE
REPAIRING CHARGES PAYABLE TO
REPAIRER IN FOREIGN CURRENCY
Note:
When material going out of Indian customs process required ( say Export Process for Repairing) at that time no duty is payble but outgoing freight and Custom Clearing charges payable ( Clearing charges is payable to Clearing Agent and Freight Payable to Carrier)
When the same material coming to India customs process required ( Say Import Process for repaired material). At that time Incoming freight is payable either directly to carrier or it may be included in the repairieru2019s Invoice. Repairing charges is payable to overseas repairer. Customs clearing charges payable to clearing agent.
Freight / Courier charges (within India from / to Company to Port of export ) is payable to local courier / Transporters
Will Be Very thankful to you if you can throw some light on the Duties that my client pay while the material is going out and coming in .
Regards
Shailesh

Hi,
Do the recursive subcontracting , send the same material and assign the same material as component by
creating subcontracting PO , and pay as sun con charges to overseas vendor
Map ,freight duty and custom in subcontracting PO as in regular PO
Try it should help
Diwakar

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See my reply to the other identical post you made on this issue.

NRA withholding for payments to Foreign vendors

Hi
I would like to discuss with configurators from other US companies as to how they have implemented NRA withholding.
In particular, how they handle varying tax rates for certain countries under tax treaties.
Thanks
Deepa

How to determine the amount to be withheld
Question 16: If a payment to a foreign person (foreign vendor) is determined to be FDAP and U.S. sourced, how much should be withheld?
Answer 16: The statutory withholding rate is generally 30%. This rate should be generally applied to the gross amount of the payment. See Q&A-19 below concerning this rate.
Question 17: When should the tax is withheld?
Answer 17: Withholding is required at the time that the payment is made. A payment is considered to be made when the beneficial owner of the payment realizes income. There does not need to be a transfer of cash or other property.
Question 18: When should the tax withheld be deposited?
Answer 18: The amount of tax that the US withholding agent and is required to withhold determines the frequency of the deposits. The frequency could be annual, monthly, or quarter-monthly. Publication 515 details the specific rules for making deposits including the deposit due dates, which forms to use, electronic deposit requirements and penalties for failure to make deposits timely.
Question 19: Can the statutory rate (30%) be reduced?
Answer 19: If the foreign vendor is a resident in a country that has a tax treaty with the United States, the rate may be reduced. Each treaty has specific provisions which determine the reduced withholding rate. These provisions reduce the withholding rate based on the type of income and the status of the recipient.
Question 20: Is there a listing of treaties and rates to be applied?
Answer 20: Publication 515 provides a listing of tax treaties and the withholding tax rates to be applied to various types of income under each treaty. The Publication 515 is located on the IRS website which is www.irs.gov.
Question 21: How can a foreign vendor certify its foreign status?
Answer 21: The foreign vendor must provide the withholding agent with form
a properly completed W-8 or Form 8233 (see FAQ section 5 for further information).
5. How should the withholding agent properly document the foreign status or treaty claim of a foreign person
Question 22: Must we obtain documentation from a foreign person to support its claim of foreign status or treaty eligibility?
Answer 22: In order to reduce the amount that is required to be withheld on a payment of U.S. sourced FDAP income to a foreign person (foreign vendor), or to exempt such a payment from withholding tax, the withholding agent must have documentation from the foreign vendor to certify its non-U.S. status and, if applicable, its eligibility for the treaty benefits claimed. Such documentation must be submitted by the foreign vendor in the form of a Form W8-IMY Form W-8 or Form 8233.
Question 23: Which forms would be most commonly used by foreign vendors?
Answer 23: Form W-8BEN (Beneficial Owner), Form W-8IMY (Intermediary), Form W-8ECI (Effectively Connected Income) and Form 8233.
Question 24: When should Form W-8BEN be used by foreign vendors?
Answer 24: Form W-8BEN should be used by the foreign vendor to certify that it has non-U.S. status. If a treaty claim is made by the vendor Part II of the
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Question 25: When should Form W-8ECI be used by our foreign vendors?
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Answer 26: If you make a payment to a non-resident alien individual as compensation for personal services performed for you in the United States, that individual may have to provide you with Form 8233 instead of Form W-8. See Form 8233 and its instructions for further information.
Question 27: Are we responsible for the validity of the documentation presented to us by the foreign vendor?
Answer 27: In order to rely on the documentation, it must be valid. In order to be valid, the documentation must meet the requirements of Treasury Regulation 1.1441 and must be completed in accordance with the applicable Form instructions (see Instructions for the Requester of Forms W-8BEN, W-8ECI, W-8EXP and W-8IMY).
In addition, in order for the documentation to be valid, the US withholding agent or multi-national must not know, or have reason to know, that the information provided on the documentation is unreliable or incorrect. If the US withholding agent (multi-national) has such knowledge, or if the documentation is invalid for any reason, the withholding agent must apply the presumption rules set forth in Treasury Regulation Section 1.1441, 1.
Question 28: When should the Form W-8 or Form 8233 be obtained from the foreign vendor?
Answer 28: In general, the documentation must be in the possession of the withholding agent at the time of payment.
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Question 29: What forms should we use to report payments to foreign persons (foreign vendors) of FDAP income that is U.S. sourced and any amounts withheld on such payments?
Answer 29: Forms 1042, 1042-S and 1042-T are the forms that a withholding agent (multi-national) must use to report payments to foreign persons of FDAP income that is U.S. sourced and any amounts withheld on such payments.
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Form 1042-S, Foreign Personu2019s U.S. Source Income subject to Withholding is an information return. The withholding agent should submit these information returns to the IRS and the payee in order to report the payments and withholdings made during the year that are specific to the payee, the type of income paid and the withholding rate. Form 1042-T, Annual Summary and Transmittal of Forms 1042-S should be used to transmit paper Forms 1042-S to the IRS.
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Question 30: If upon audit, it is determined that there has been under reporting and under withholding, will the IRS assess penalties and interest in addition to the under withholding amounts due?
Answer 30: If deficiencies in reporting, withholding and depositing with regard to NRA payments are found on audit, the IRS will consider all applicable penalties, including, but not limited to the following:
Failure to file (IRC Section 6651)
Failure to pay (IRC Section 6651)
Failure to deposit (IRC Section 6656)
Failure to file information returns (IRC Sections 6721-6723)
Negligence (IRC Section 6662)
In addition, interest will be assessed on the under withholding.
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Answer 31: The withholding agent can obtain certification of foreign status and the treaty claim from the foreign vendor. This is accomplished by the vendor completing a valid Form W-8. A valid Form W-8 will allow a reduction in the under withholding from the 30% statutory rate for the type of income paid.
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Question 32: If the under withholding has been u201Ccuredu201D by obtaining a
Form W-8 or other applicable documentation after a payment, according to
Q&A-31 above and such documentation is found sufficient is there any remaining liability to the withholding agent?
Answer 32: In general, there is no remaining liability for tax, interest and penalties. Exceptions to this apply in case in which the withholding agent is relieved from the tax liability by showing that the underwithholding tax was paid by the payee. In those cases, the withholding agent may still be liable for interest and applicable penalties. In other cases, reporting-related penalties might still apply where no underwithholding results on account of the cure, but the filed Form 1042-S reflected incorrect information.

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Hi Luke,
Thanks for your reply,
I already checked in this Navigation for(ZC) Customer claims and (YV) Vendor Claims.
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What do you mean by adjust the cost during payment? Are you planning to recover the cost of the materials from the amount you have to pay to the vendor?
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