Capital gain on transfer of share

company A situated in America having subsidiary company B in India company A's member is now selling its 20% stake to company C which is also situated in US, now capital on such transfer will be taxable in which country and at what rate??
Replies (6)
Quick Summary
This discussion clarifies capital gains tax implications when a US parent company sells a 20% stake in its US subsidiary to another US company. The transfer is primarily taxable under US law. While the initial thought considered Indian taxation due to the subsidiary, the transaction's location between two US entities means US tax regulations apply. Any funds entering India from these transactions would be assessed according to the Double Taxation Avoidance Agreement (DTAA) between the US and India.

Hi,
Transfer from a holding company to 100% owned subsidy is not regarded as transfer.
but in your case taxability will be in accordance with DTAA( double taxation avoidance agreement) between other countries and india.
Please, check DTAA agreement between US and india.
But here transfer is taking place from holding company in USA and another company C in USA
Hi,
then obviously taxability is applicable with US laws
How it could be taxable then??
First I thought the transfer is from US company to Indian subsidy, that was a mistake.
Since, transfer is from one US company to another US company, It will be taxable under that country law.
If any transfer or any money comes into india by any way from those companies, it will be treated under DTAA
Thank you so much Sir

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