Foreign llp

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Asawari Malhotra (Querist)
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18 November 2013 in the definition of person,sec2(31), foreign company is included but what about foreign llp? wont that be taxed on its Indian income? is it included in the definition of person? if yes, which provision or case law states so?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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07 January 2014 given that the definition of company also includes body corporate incorporated in or outside India, LLP's can easily be included in the same category.

however, needless to say no position in taz law is as simple as LLPs have often been denied benefits of DTAA because of obscurity regarding their tax status (read clifford chance AAR)http://www.pwc.co.uk/en_UK/uk/assets/pdf/foreign-law-firms-providing-services-in-india-june2013.pdf

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