International Taxation – DTAA

International Taxation Consultancy - DTAA

DOUBLE TAXATION AVOIDANCE AGREEMENTS OF INDIA

India has one of the largest trade networks in the world, and it has a registered tax treaties for avoidance of double taxation for prevention dual taxation and tax evasion, with over 85 different countries all over the world, namely:
List of Countries having DTAA with India:
Albania
Israel
Qatar
Armenia
Italy
Romania
Australia
Japan
Russian Federation
Austria
Jordan
Saudi Arabia
Bangladesh
Kazakhstan
Serbia
Belarus
Kenya
Singapore
Belgium
Korea
Slovak Republic
Bhutan
Kuwait
Slovenia
Botswana
Kyrgyzstan
South Africa
Brazil
Latvia
Spain
Bulgaria
Libya
Sri Lanka
Canada
Lithuania
Sudan
China
Luxembourg
Sweden
Colombia
Macedonia
Switzerland
Croatia
Malaysia
Syria
Cyprus
Malta
Tajikistan
Czech Republic
Mauritius
Tanzania
Denmark
Mexico
Thailand
Egypt
Mongolia
Trinidad and Tobago
Estonia
Montenegro
Turkey
Ethiopia
Morocco
Turkmenistan
Fiji
Mozambique
Uganda
Finland
Myanmar
Ukraine
France
Namibia
United Arab Emirates
Georgia
Nepal
United Kingdom
Germany
Netherlands
United States
Greece
New Zealand
Uruguay
Hong Kong
Norway
Uzbekistan
Hungary
Oman
Vietnam
Iceland
Philippines
Zambia
Indonesia
Poland
Ireland
Portugal
List of Countries having LIMITED AGREEMENTS with India:
Afghanistan
Peoples of Democratic Republic of Yemen
Ethiopia
Maldives
Iran
Pakistan
Lebanon
Yemen Arab Republic

DOUBLE TAXATION AVOIDANCE AGREEMENTS

CATEGORIES
INDIA - USA
INDIA - UAE
INDIA - RUSSIA
INDIA - JAPAN
DATE OF AGREEMENT
18.12.1990
29.04.1992
11.04.1998
29.12.1989
DESCRIPTION
USA & INDIA, for the purpose of double taxation avoidance and the prevention of fiscal evasion of taxes, signed this DTAA on the 18th of Dec, 1990
India & UAE desire to promote mutual economic relations by concluding a DTAA. The DTAA has been amended twice on 26 March 2007 and 16th of April 2012 respectively.
Russian Federation & India for the purpose of double taxation avoidance entered into an agreement on the 11th day of April 1998.
India & Japan for the purpose of avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income, entered into an agreement that came in force on 29th of December, 1989.
INCOME FROM IMMOVABLE PROPERTY
Income derived by a resident of a Contracting State from immovable property situated in the other Contracting State will be taxed in that State where the property is situated
Income derived by a resident of a Contracting State from immovable property situated in the other Contracting State will be taxed in that State where the property is situated
Income derived by a resident of a Contracting State from immovable property situated in the other Contracting State will be taxed in that State where the property is situated
Income derived by a resident of a Contracting State from immovable property situated in the other Contracting State will be taxed in that State where the property is situated
BUSINESS PROFITS
The profits of an enterprise of a Contracting State shall be taxable only in that State if the enterprise directly carries out business from its resident state without setting up a permanent establishment in the other state where the business is carried out.
The profits of an enterprise of a Contracting State shall be taxable only in that State if the enterprise directly carries out business from its resident state without setting up a permanent establishment in the other state where the business is carried out.
The profits of an enterprise of a Contracting State shall be taxable only in that State if the enterprise directly carries out business from its resident state without setting up a permanent establishment in the other state where the business is carried out.
The profits of an enterprise of a Contracting State shall be taxable only in that State if the enterprise directly carries out business from its resident state without setting up a permanent establishment in the other state where the business is carried out.
SHIPPING
Profits derived by an enterprise of a Contracting State from the operation by that enterprise of ships or aircraft in international traffic shall be taxable only in that State.
Profits derived by an enterprise of a Contracting State from the operation by that enterprise of ships in international traffic shall be taxable only in that State.
Income derived by an enterprise of a Contracting State from the operation or rental of ships, aircraft, containers, or equipment related to the operation of ships or aircraft in international traffic will be taxable only in that Contracting State.
Profits from the operation of aircraft in international traffic by an enterprise of a Contracting State shall be taxable only in that Contracting State.
ASSOCIATE ENTERPRISES
An enterprise of a Contracting State participates directly or indirectly in the management, control, or capital of an enterprise of the other Contracting State. The conditions are made between the two enterprises in their financial relations which differ from those which would be made between independent enterprises, then any profits which, would have accrued to one of the enterprises, but by reason of those conditions have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
An enterprise of a Contracting State participates directly or indirectly in the management, control, or capital of an enterprise of the other Contracting State. The conditions are made between the two enterprises in their financial relations which differ from those which would be made between independent enterprises, then any profits which, would have accrued to one of the enterprises, but by reason of those conditions have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
An enterprise of a Contracting State participates directly or indirectly in the management, control, or capital of an enterprise of the other Contracting State. The conditions are made between the two enterprises in their financial relations which differ from those which would be made between independent enterprises, then any profits which, would have accrued to one of the enterprises, but by reason of those conditions have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
An enterprise of a Contracting State participates directly or indirectly in the management, control, or capital of an enterprise of the other Contracting State. The conditions are made between the two enterprises in their financial relations which differ from those which would be made between independent enterprises, then any profits which, would have accrued to one of the enterprises, but by reason of those conditions have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
DIVIDENDS
Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State will be taxed in that other State.
Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State will be taxed in that other State.
Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.
Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
INTERESTS
Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State
ROYALTIES & FEES
Royalties and fees for included services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Royalties and fees for technical services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.
Royalties and fees for technical services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State.
CAPITAL GAINS
Each Contracting State may tax capital gains in accordance with the provisions of its domestic law
Gains derived by a resident of a Contracting State from the alienation of immovable property and situated in the other Contracting State may be taxed in that other State
Gains derived by a resident of a Contracting State from the alienation of immovable property and situated in the other Contracting State may also be taxed in that other State.
Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in article 6 and situated in the other Contracting State may be taxed in that other Contracting State.
INDEPENDENT PERSONAL SERVICES
Income derived by a person who is an individual or firm of individuals who is a resident of a Contracting State from the performance in the other Contracting State of professional services or other independent activities of a similar character shall be taxable only in the first-mentioned State.
Income derived by a resident of a Contracting State in respect of professional services or other independent activities of a similar character shall be taxable only in that State
Income derived by an individual who is a resident of a Contracting State from the performance of professional services or other activities of an independent character in another Contracting State shall be taxable only in the first-mentioned State
Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that Contracting State unless he has a fixed base regularly available to him in the Contracting State for the purpose of performing his activities or he is present in that other Contracting State for a period or periods exceeding in the aggregate 183 days during any taxable year or 'previous year' as the case may be.
DEPENDENT PERSONAL SERVICES
Remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State.
Remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State.
Remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State
Remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that Contracting State unless the employment is exercised in the other Contracting State
DIRECTORS FEES
Directors' fees and similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.
Directors' fees and similar payments derived by a resident of a Contracting State in his capacity as a member of the Board of Directors of a Company which is a resident of the other Contracting State may be taxed in that other State.
Directors' fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.
Director's fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other Contracting State.
REMUNERATION & PENSION
Pensions and other similar remuneration, paid by a Contracting State to an individual in that State will be taxable only in that State.
Pensions and other similar remuneration, paid by a Contracting State to an individual in that State will be taxable only in that State.
Pensions and other similar remuneration paid in consideration of past employment to a resident of a Contracting State and any annuity paid to such a resident shall be taxable only in the State where such income is derived.
Pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that Contracting State.
OTHER INCOME
Income of a resident of a Contracting State, wherever arising, which are not expressly dealt with in the foregoing Articles of this Convention shall be taxable only in that Contracting State.
Income of a resident of a Contracting State, wherever arising, which are not expressly dealt with in the foregoing articles of this Agreement, shall be taxable only in that Contracting State.
Income of a resident of a Contracting State, wherever arising, which are not dealt with in the foregoing Articles of this Agreement, shall be taxable only in that Contracting State.
Income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing articles of this Convention shall be taxable only in that Contracting State.
INCOME FROM GOVT. INSTITUTIONS
Remuneration, other than a pension, paid by a Contracting State to an individual in respect of services rendered to that State will be taxable only in that State
The government of one Contracting State shall be exempt from tax, including capital gains tax, in the other Contracting State in respect of any income derived by such Government from that other Contracting State.
Remuneration, other than a pension, paid by a Contracting State to an individual in respect of services rendered to that State will be taxable only in that State.
Remuneration other than a pension, paid by a Contracting State to an individual in respect of services rendered to that Contracting State in the discharge of functions of a governmental nature, will be taxable only in that Contracting State.
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