Saturday, 1 June 2013

How does double taxation treaties impact you!

There has been an increase in the movement of labor between countries and the geographical barriers, as far as employment/trade opportunities are concerned, are diminishing. In these cases, which country should levy taxes if an organization has its head office in one country and conducts business in other countries too? Read on to find out.


What is double taxation?


Double taxation means imposing tax on the same amount of income or gain twice. This happens when income is earned in one country and is paid to entities of another country. In such cases, tax laws in both countries require levy of tax on the income/profit. This occurrence is common in multinational companies or when employees are deputed abroad for employment. But it doesn’t seem fair for a taxpayer to bear the burden of tax in both countries on a single income.


Double taxation treaties


With an increase in the international trade and cross-border movement of labor, there was a need for an amicable solution to the problem of double taxation. Countries had to agree to look above their domestic tax laws and agree on the tax treatment of such incomes or gains. These agreements between countries are called Double Taxation Treaties. The objective of double taxation agreements between two countries is to avoid profits or incomes earned in one country and paid to entities of another country from being taxed more than once. Tax treaties bifurcate tax rights that each country has by its domestic laws over the same income. This avoids any confusion or disagreements over levy of taxes.


Double Taxation Treaties in India


India has signed over sixty-six double taxation agreements with different countries. The objective is to encourage foreign investments in India and making foreign markets available to Indian entities. The India- Mauritius Double Taxation Avoidance Agreement is one of them. This agreement has contributed to almost 37% of foreign direct investments in India during August, 1991 and December, 2005.


Very recently, India has signed a Double Taxation Avoidance Treaty with Luxembourg. According to this agreement, any Indian company in Luxembourg is exempted from paying taxes in India on income generated from activity in Luxembourg. The agreement is expected to encourage Indian companies to set up businesses in Luxembourg as the tax rates are lower there. This is also an opportunity for Indian companies to explore European markets.


India has also signed a treaty with the United Arab Emirates. By virtue of this treaty, the residents of UAE have to pay taxes in India on short-term capital gains arising from investments in India.


India has also signed double taxation treaties with Malta, Greece, Cyprus, Armenia, Indonesia, and many other countries

No comments:

Can GST Under RCM Not Charged and Paid from FY 2017-18 to October 2024 be Settled in FY 2024-25?

 In a recent and significant update to GST regulations, registered persons in India can now clear unpaid Reverse Charge Mechanism (RCM) liab...