Double Taxation avoidance Agreement

@*CS Siddharth Bumb. * , Last updated: 17 February 2014  
  Share


Hello Friends,

We will discuss on Double taxation avoidance agreement (DTAA). First we will understand the need of DTAA and its introduction.

NEED AND IMPORTANCE OF DTAA:

a. In modern world, no one stops doing business in his territory only, a businessman always tries to expand his business even outside his residence country.

b. Any country has right to collect tax on profit earned by anyone, and on its global income of resident.

c. Hence, in this situation such person pays tax twice i.e. in residing country and the country where he earned profit.

d. To avoid this situation and to avoid double taxation relief is provided to the person. Relief can be of two ways:

1. Bilateral relief and

2. Unilateral relief

1.  Relief:  Where countries are entered into Double Taxation avoidance Agreement with each other

2. Unilateral Relief: If there is no agreement between countries, country of residence itself provide the relief.

Bilateral Relief is covered under Section 90 and Section 90A, whereas, Unilateral Relief is covered by Section 91.

* SECTION 90 AND 90A : BILATERAL AGREEMENT

Now in your mind, there may be question arose that why these countries are entering into agreement , Only to avoid double taxation?

---> These countries enter into agreement for following 4 reasons:

1. for granting of relief in respect of income on which tax is paid in both countries

2. for avoidance of double taxation

3. for exchange of information for the prevention of evasion of income tax

4. for recovery of income tax

Is it necessary to act as per DTAA ?

---> No, it is not necessary to act as per DTAA. If Income tax's provision is beneficial to the assessee than DTAA's provision then such person can opt income tax. It is means, provisions which are beneficial to the assessee, such provisions can become applicable for him.

If any meaning of a specific term is not defined in the DTAA then Central Government can mention its meaning through notification in the official gazatte and meaning of such term shall be deemed to have effect from the date on which the said agreement came into force.

As per Section 90A, any specified association in India may enter into an agreement witha ny Specified Associatinin the specified territory outside India. Central Government has right to make provisions as may be necessary and such shall be publish in official gazatte.

*SECTION 90 : UNILATERAL AGREEMENT:

If a resident of India proves that his income which accrued or arose outside India and he has paid tax on the same outside India and that country has no agrrement with India then he shall be entitle to deduction from Indian Income Tax payable by him of a sum calculated on such double taxed income at the Indian rate of tax or the rate of tax of the said country, whichever is lower.

Deduction is lower from the the following :

Tax on Total income in India    *     Double taxed income

     Total income in India

and

        Tax paid in foreign Country            *    Doubly taxed Income

Total income assessed in foreign country

I hope you guys got the concept of DTAA. Small concept but helpful to improve knowledge at initial level. It is just basic. If you stuck somewhere please ask me your querry at siddharthbumb@gmail.com without hesitation.

Thank You.

Regards,

Siddharth Bumb

siddharthbumb@gmail.com


CCI Pro

Published by

@*CS Siddharth Bumb. *
(B.Com, CA Final, CS )
Category Income Tax   Report

5 Likes   42486 Views

Comments

29 September 2017 Anil Kumar A

Hello sir, Good Evening Need some clarification on DTAA between India and Singapore 1. The assessee is a resident of india & has salary , longterm & shorterm capital gain from sale of shares 2. During the year he has sold a property in singapore and has incurred a loss can we set off such loss with indian income, 3. If an income is exempt in singapore will it be considered as exempt in India also or will it be taxed as per the provisions of Indian income tax provisions. please clarify on the above doubts


25 August 2015 Bharath

Hi Siddharth, Need a clarification on the same, if a person opts to file US tax as resident but is a resident of India by the 182 days rule then in that case he would still have to file ITR2 showing foreign income right?. I have the same question as mr. S das. can you clarify if Sec 91 can be used.


10 March 2015 S Das

Hi, one more question- in the second calculation - "Doubly taxed income" in the numerator, and "total income assessed in the foreign country" - are these not the same? Could you please add a little if they are different.


10 March 2015 S Das

Dear Siddharth, First of all, thank you very much for the precise information. This is exactly the reference I was looking for. My sincere thanks in advance for your kind help on below queries if possible- 1. If an assessee has both India and USA salary and s/he is tax resident on India for AY2014-14, can you please confirm that s/he can choose to file ITR-2 under section 91 instead of 90/90A, in case that is "more benefitial" o him/her? 2. My general understanding is section 91 supports credit for all USA taxes paid (federal, state, SSN etc.), whereas DTAA would allow credit for only Federal tax.Is that correct? Regards. Das


01 March 2014 @*CS Siddharth Bumb. *

download complete forex in a single file : https://www.caclubindia.com/forum/complete-forex-283209.asp#.UxKeCTs3v2k


21 February 2014 Nikita Panchal

nice article


18 February 2014 @*CS Siddharth Bumb. *

thank you guys.. your response means a lot for me... :) :) :)


18 February 2014 @*CS Siddharth Bumb. *

@ akash : in simple,permanant establishment means from where asessee is operating business, his residence, stay in country during the year etc etc


18 February 2014 @*CS Siddharth Bumb. *

Chiruprofessional please go through your mail, I replied overthere..thank you


17 February 2014 AMIT KUMAR

Thank you sir. I was confused regarding DTAA but after reading this article lot of doubt had clear up


17 February 2014 chiruprofessional

Thank u..and is there any example for triple taxation..?whether there r no cases..can we find any situation of triple taxation in India done by our act..? And is there any possibility of double taxation in the same country? Chiruprofessional@gmail.com...thank u..


17 February 2014 Aakash Thakrar

Hey dear Ifyou could please explain the difference between permanent establishment and business connection? and How do we tax the e-commerce transaction which are done over the Internet? Regards Aakash


17 February 2014 Nikhil Kaushik

Dear Chiru, For any assessee (including MNCs)each income is to be treated in reference to applicable treaty. if an MNC is earning income from 10 nations, income from each of the nation needs to be analysed through relevant DTAA.


17 February 2014 @*CS Siddharth Bumb. *

please leave your email id so i can mail you in detail.. thank you


17 February 2014 chiruprofessional

Sir,what is the situation in the case of mnc companies ?they may earn profits from multiple countries..?


Your are not logged in . Please login to post comments.

Click here to Login / Register  



Popular Articles




CCI Pro

Follow us

CCI Articles

submit article