Double taxation avoidance agreement of India.
Double taxation is levying of tax by two countries on an equivalent income of an assessee. Double taxation is typically a problem for NRI’s and Foreign Nationals doing business in India. Therefore, the double liabilities of an assessee is mitigated by countries through tax treaties between countries. India has Double Taxation Avoidance Agreements (DTAA) with 84 countries. In this article, we glance at the Double Taxation Treaty and Double Taxation Avoidance Agreements intimately .
Double Taxation
NRIs and Foreign Nationals may make again in India and also another foreign country that they belong too. Such persons may find that they're required by domestic laws to pay tax locally on any gain made in any country and also pay tax again within the foreign country, in which the gain was made. Since this creates an unfair system and stifles business investment, many nations have implemented double taxation agreements with one another .
By establishing double taxation avoidance agreements, by paying tax in the country of residence, a person may be exempt from paying tax in the country in which it arises. In some cases, a rustic during which the gain arises may deduct tax at source (also referred to as withholding tax) and therefore the taxpayer would receive the foreign decrease in the country of residence to reflect that tax has already been paid. The methodology for double taxation avoidance varies between country to country. Hence, it is best to refer to the Double Taxation Avoidance Agreement between the concerned countries to know the exact procedures.
Need for Double Taxation Avoidance Agreement:?
For example under DTAA between Indian and Germany, tax on interest is specified @ 10% whereas under Income Tax Act it is 20%.? Hence, one can follow DTAA and pay tax @ 10%. Further if Income tax Act itself does not levy any tax on some income then Tax Treaty has no power to levy any tax on such income. Section 90(2) of the Income Tax Act recognizes this principle.
India Double Taxation Treaty
India has Double Taxation Avoidance Agreements (DTAA) with 88 countries out of which 86 are effective . For transactions involving persons having interest between countries with which India features a DTAA, there are agreed rates of tax and jurisdiction on specified sorts of income. Therefore, through Section 90, tax relief is provided for those person residents of a rustic with which India has signed DTAA.
In case the country in which the person is a resident has not signed a DTAA agreement with India, then Section 91 of the Income Tax Act is used to provide relief from double taxation. Thus, India provides double taxation avoidance relief for both sorts of taxpayers.
Areas covered within the Double Taxation Avoidance Agreements
The following are a number of the most areas covered within the DTAAs between countries:
Methodology for the avoidance of double taxation of income in India or Foreign Country.
Rate of withholding , the procedure for a tax write-off and providing of tax credits.
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Procedure for recovery of tax under the Indian tax Act and under the corresponding law effective during a foreign country.
Methodology for exchange of data between the countries to stop the evasion or avoidance of tax in India and therefore the foreign country.
Procedure for investigation of cases of tax evasion or avoidance.
Tax Residency Certificate
The Government of India has made it mandatory for assessee’s to get Tax Residency Certificate (TRC) from the country of residence to avail the advantages of the Double Taxation Treaty in India.
DTAA Agreement with Mauritius
India features a comprehensive DTAA agreement with Mauritius wherein the capital gains arising from the sale of shares are taxable within the country of residence of the shareholder and not in the country of residence of the corporate whose shares are sold. Therefore, a Company incorporated in Mauritius selling shares of an Indian Company will not pay capital gains tax in India. Further, since there is no capital gains tax in Mauritius, the entire gain on capital gains arising from the sale of shares will not be taxed. Hence, this unique feature of the DTAA agreement between India and Mauritius is employed by many Foreign Institutional Investors to trade the Indian stock markets and avoid capital gains tax in India and Mauritius.
India has DTAA agreements that are almost like the India – Mauritius DTAA Agreement with Singapore and Cypriot. Hence, many Indian Companies and Foreign Investors invest through these foreign companies in foreign countries into India.
DTAA Agreement with USA
The India USA DTAA would be applicable to a person or an estate, a trust, a partnership, a company, the other body of persons, or other taxable entity having income in both India and the USA. The DTAA agreement between India and USA encompasses the subsequent taxes levied by both the countries:
In the us , the Federal income taxes imposed by the interior Revenue Code (but excluding the accumulated earnings tax, the private company tax, and Social Security taxes), and the exercise taxes imposed on insurance premiums paid to foreign insurers and with reference to private foundations. The India USA DTAA also applies to the exercise taxes imposed on insurance premiums paid to foreign insurers to the extent that the risks covered by such premiums are not reinsured with an individual not entitled to exemption from such taxes.
In India, the income-tax including any surcharge and surtax. However, the India USA DTAA doesn't apply to the tax on undistributed income of companies, imposed under the tax Act.
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