Dtaa between india and uae- directors fees and dividend

I want to know the tax implication on directors fees and dividends, of a UAE resident company with Indian resident directors.

Article 16 of DTAA between India and UAE says:

ARTICLE 16

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.

Does this mean that directors fees/ renumeration will not be taxed in India?

Article 10 of the DTAA between India and UAE talks about tax on dividend:

ARTICLE 10

DIVIDENDS

1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.

1[2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the recipient is the beneficial owner of the dividends, the tax so charged shall not exceed 10 per cent.]

3. The term "dividends" as used in this Article means income from shares of other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident.

4. The provisions of paragraphs (1) and (2 ) shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State.

Does this mean that the resident Indian director would be liable to pay only 10% tax on dividend?

https://www.incometaxindia.gov.in/Pages/international-taxation/dtaa.aspx

Dear Friend,

1. In case of a indian director of an UAE company, the tax will be payable at UAE. But as the global income of resident is taxable in India, while filing his return of income, the resident director will have to disclose his global income to tax in India. If any tax has been deducted in UAE, then he can claim relief/credit under the income tax act while filing his returns. In the present case as UAE does not have taxation, he will have to offer the entire amount to taxation and cnnot claim any relief/credit as not tax has been paid in UAE.

2. The same analogy in above case will apply to this too. If UAE had deducted 10% tax, then the resident directors could have claimed relief/credit while offering the dividend income(global income). But in your case as there is no tax liability in UAE, your directors have to offer the entire amount to tax in india.