Independent Personal Services (IPS) K Sudarshan Chartered Accountant
|
|
- Julianna Lee
- 5 years ago
- Views:
Transcription
1 Independent Personal Services (IPS) K Sudarshan Chartered Accountant sudarshan@sandbca.com 1
2 Overview of IPS Article 14/15 (Deleted in OECD model) -Income from Professional services/other activities of independent character. Exclude Professional Services performed in employment. Excludes Industrial and Commercial activities covered under Article 5 & 7. Professional Services includes: Independent Scientific, Literary, artistic, educational or teaching activities. Independent activities of physicians, lawyers, engineers, architects, dentists and accountants. Other services of Independent Character 2
3 Illustrative Treaty Example India US Treaty Article 15 Income derived by a person who is an individual or firm of individuals (other than a company) who is a resident of a Contracting State from the performance in the other Contracting State of professional services or other independent activities of a similar character shall be taxable only in the first-mentioned State except in the following circumstances when such income may also be taxed in the other Contracting State: (a) if such person has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities; in that case, only so much of their income may also be taxed in that other State; or (b) if the person s stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 90 days in the relevant taxable year. The term professional services includes independent scientific, literary, artistic, educational or teaching activities as well as independent activities of physicians, surgeons, lawyers, engineers, architects, dentists and accountants. 3
4 Interpretation IPS normally taxable only in the Resident State. India can tax US Resident in respect of Professional Services rendered in India if: US Resident has a Fixed Base regularly available to him in India (Fixed Base Test) (OR) US Residents period of stay in India is more than 90 days in the relevant financial year. In some cases if the fees being borne by a resident of or a PE or a fixed place in the source country. (India- Canada) 4
5 Definition of Services Inclusive definition Services of personal nature Independent character Employment income is excluded Professional knowledge of some department of science or learning is used There may be activity of independent character though not qualified professional Graphite India Ltd Kolkata Tribunal (78 TTJ 418): An activity to be profession must be one carried on by an individual by his personal skill, intelligence & dependent on individual characteristics Advance level of Knowledge Specialized Skill Sets Accreditation to a certificate of practice issued by a professional body. 5
6 Definition of Other Services What can be covered under other services of independent character? Distinguishable from Business profit Should be service Be similar to professional services Capital is of secondary importance Indian tax treaties by and large uses the terms other services of independent character 6
7 Entities Covered Treaty specific coverage of Individual and/or firms of individuals India US Treaty: an Individual or a firm of individuals India UK Treaty: an Individual whether in his own capacity or as a member of a partnership India Singapore Treaty: an Individual India Netherlands / India Japan: All residents including a company which provides professional services UN Commentary IPS only for Individuals 7
8 Fixed Base Test International commentaries suggest that a number of conditions must be satisfied in order to constitute a Fixed Place of Business There must be a place of business The place of business must be located at a certain area The individual must have a certain right of use to the place of business (disposal of the service provider) The use of place of business must last for a certain period of time The activities performed through the place of business must be a business activity and such activities should constitute the core activities. Graphite Industries (Supra) Regularly available 8
9 Fixed Place - Illustrations Fixed Base 1. Office of an architect/ Lawyer 2. Physician provided with a consulting room twice a week in a hospital. 3. Definite space in the office of an associate. 4. A lawyer exercising profession from second home in another State. Not A Fixed Base 1. Auditor provided with a room at client s place for audit 2. Desk made available to the manager situated in another enterprise without the presence of necessary infrastructure 3. Temporary camping by a researcher at a base camp in Leh, Ladakh 9
10 Issues Can non-individuals render professional services? Yes, if the applicable tax-treaty covers non-individuals. DTAA with US, UK and Australia covers firms MESB vs DIT (90 ITD793) Article 14 can apply to non-individuals. DTAA with Denmark only for individuals : Christiani & Nielsen Copenhagen 39 ITD 355 (Mum ITAT). Refers only to natural person. Period of Stay : Man days vs Solar days (Clifford Chance) Furnishing of Services is also covered by Article 5 (Service PE) Service PE Article applies to service other than independent personal services Article 5 covers furnishing of services by an enterprise through its employees or other personnel engaged by the enterprise. 10
11 Issues Is it possible that characterization of income would encompass Independent Personal Services as well as Fees for Technical Services? Specific will override general Precedents supporting the above view : MSEB (90 ITD 793). Gustav Van Der Mark (AAR) 235 ITR 6. Estate of Bhagwan Devi (79 ITD 539) 11
12 Dependent Personal Services / Income From Employment 12
13 DPS Income Tax Act Salary Earned in India by a Non-Resident to the extent of Services Rendered. Resident Salary taxable irrespective of services rendered. Short Stay Exemption u/s 10 (6) (vi) Employee of Foreign Enterprise (FE) renders service in India FE is not engaged in any trade/business in India. Stay in India does not exceed 90 days. Remuneration is not deductible from income from employer. 13
14 DPS-DTAA Income From Employment under the OECD Model Very significant considering global movement of employees. Exclude Director Fees, Pension Service, Government Service & any other specific service. Taxability in Residence vs. Source Short Stay Exemption Employer vs Employee. [An employer is a person on whom the employee has economic and personal dependence] 14
15 Real Employer vs Economic Employer OECD Model Para 8 International Hiring - out of Labour Employer : Substance over form Recent Model tax convention 2010, factors highlighted for determining real employer Services of employee integral part of the business or Performing service which is the core function of the organization by person deputed Other factor based on, control, responsibility, tools and materials, reporting factors, lien on employment etc. 15
16 DPS Resident Country Right to Tax Article 16 of India USA DTAA- Dependent personal Services Article 16(1) of India USA Treaty., salaries, wages and other similar remuneration derived by a resident of a contracting state in respect of an employment shall be taxable only in that state unless the employment is exercised in the other contracting state. If the employment is so exercised, such remuneration as is derived therefrom shall be taxed in that other state. 16
17 DPS Source Country Rights Article 16(2) of India USA Treaty Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a contracting state in respect of an employment exercised in the other contracting state shall be taxable only in the first mentioned state if: a) The recipient is present in the other state for a period or periods not exceeding in the aggregate 183 days of the relevant taxable year b) The remuneration is paid by, or on the behalf of, an employer who is not a resident of the other state; and c) the remuneration is not borne by a permanent establishment or a fixed base or a trade or business which the employer has in the other state. 17
18 DPS Criteria for source state India can tax remuneration of US Resident in respect of an employment exercised in India if: US Resident present for more than 183 days (Physical Presence Test) or Remuneration is paid by or behalf of an employer who is resident in India (Resident Employer Test) or Remuneration is borne by PE or Fixed Base or business or trade which employer has in India (PE Connect Test) 18
19 DPS Issues Physical Presence Test Resident Employer Test PE Connect Test Triangular Situation Employment exercised aboard a ship or aircraft Way ahead 19
Article 14 Independent Personal Services
Independent Personal Services & Dependent Personal Services Workshop on Basics of DTAA 1 st WIRC st October, 2011 Article 14 Independent Personal Services OECD Model (pre-2000) INDEPENDENT PERSONAL SERVICES
More informationThe Chamber of Tax Consultants
The Chamber of Tax Consultants Workshop on Taxation of Foreign Remittances : Payment to firm / trust / PE and triangular situation January 21, 2017 Presented by: Vishal J. Shah Contents Tax treaty eligibility
More informationOverview of Double Tax Avoidance Agreement Comparative analysis between OECD and UN Model Tax Convention. CA Hema Lohiya, 4 July 2015
Overview of Double Tax Avoidance Agreement Comparative analysis between OECD and UN Model Tax Convention CA Hema Lohiya, 4 July 2015 Contents About UN Model Comparative Analysis Comparative View Indian
More informationAnalysis: China Singapore Income Treaty Type of treaty: Income tax Based on the OECD Model Treaty Signed: July 11, 2007 Entry into force: September
Analysis: China Singapore Income Treaty Type of treaty: Income tax Based on the OECD Model Treaty Signed: July 11, 2007 Entry into force: September 18, 2007 Effective date: In the P.R.C., from January
More informationWorkshop on Practical Problems of Tax Treaty Interpretation and Application
Workshop on Practical Problems of Tax Treaty Interpretation and Application TERMINATION PAYMENTS FOR NON-COMPETE CLAUSE BIJAL AJINKYA Partner, Khaitan & Co Facts Mr A, resident of R, works as a lawyer
More informationHow to read Tax Treaties Salient features of select Indian DTAA. Arpit Jain Chartered Accountant
How to read Tax Treaties Salient features of select Indian DTAA Arpit Jain Chartered Accountant Introduction Salient Features India has signed more than 90 DTAAs till date India does not have Model DTAA
More informationKenya Gazette Supplement No th July, (Legislative Supplement No. 57)
SPECIAL ISSUE 1769 Kenya Gazette Supplement No. 115 28th July, 2017 LEGAL NOTICE NO. 147 (Legislative Supplement No. 57) THE INCOME TAX ACT (Cap. 470) AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
More informationHOW TO READ A TREATY Introduction (India UK Treaty) Kishor Karia
BOMBAY CHARTERED ACCOUNTANTS SOCEITY BASIC STUDY COURSE ON DOUBLE TAXATION AVOIDANCE AGREEMENT HOW TO READ A TREATY Introduction (India UK Treaty) 1 UK Agreement for avoidance of double taxation and prevention
More informationComments on Public Discussion Draft. The Tax Treaty Treatment of Services Proposed Commentary Changes
1. Comments on para 42.12 Comments on Public Discussion Draft The Tax Treaty Treatment of Services Proposed Commentary Changes The arguments contained in this paragraph do not appear to be strong enough
More informationNOTIFICATION NO.35/2014 [F.NO.503/11/2005 FTD II], DATED
SECTION 90 OF THE INCOME TAX ACT, 1961 DOUBLE TAXATION AGREEMENT AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES FIJI NOTIFICATION NO.35/2014 [F.NO.503/11/2005
More informationUN Model Convention. Convention between (State A) and (State B) for the avoidance of double taxation with respect to taxes on Income (and on capital)
UN Model Convention You can find the UN Model tax Convention on income and capital. Convention between (State A) and (State B) for the avoidance of double taxation with respect to taxes on Income (and
More informationNon-Discrimination under International Tax Law. Harshal Bhuta M.Com., F.C.A., A.D.I.T., LL.M. (Hons.) in International Tax Law [WU (Vienna)]
Non-Discrimination under International Tax Law Harshal Bhuta M.Com., F.C.A., A.D.I.T., LL.M. (Hons.) in International Tax Law [WU (Vienna)] Introduction: Prof. Kees Van Raad - An incoherent collection
More informationTREATY SERIES 2007 Nº 32
TREATY SERIES 2007 Nº 32 Convention between the Government of Ireland and The Government of the Republic of India for the avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect
More informationThe Swiss Federal Council and the Government of the Hong Kong Special Administrative Region of the People s Republic of China,
AGREEMENT BETWEEN THE SWISS FEDERAL COUNCIL AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE S REPUBLIC OF CHINA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES
More information(US Thailand Double Taxation Treaty) The Government of the Kingdom of Thailand and the Government of the United States of America,
CONVENTION BETWEEN THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO
More informationOverview of Double Tax Avoidance Agreements ( DTAA ) Provisions
Overview of Double Tax Avoidance Agreements ( DTAA ) Provisions KPMG.com/in CA Neetu Vinayek & CA Hiten Sutar Double Taxation Double Taxation Tax is paid more than once on the same taxable income or asset
More informationSERBIA Agreement for avoidance of double taxation and prevention of fiscal evasion with Serbia Notification : PERSONAL SCOPE TAXES COVERED
SERBIA Agreement for avoidance of double taxation and prevention of fiscal evasion with Serbia WHEREAS the annexed Convention between the Government of Republic of India and the Council of Ministers of
More informationNOTIFICATION NO. 7/2013 [F. NO. 506/123/84-FTD-II], DATED
SECTION 90 OF THE INCOME-TAX ACT, 1961 - DOUBLE TAXATION AGREEMENT - AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES - MALAYSIA NOTIFICATION NO. 7/2013
More informationEU and International Tax Law
EU and International Tax Law Article 13 OECD MTC (Capital Gains) Feb 25, 2015 Roberto Scalia Ph.D. Article 13 MTC ARTICLE 13 Capital Gains ( ) (*) 2. Gains from the alienation of movable property forming
More informationC O N V E N T I O N BETWEEN THE REPUBLIC OF MOLDOVA AND THE CZECH REPUBLIC
C O N V E N T I O N BETWEEN THE REPUBLIC OF MOLDOVA AND THE CZECH REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON PROPERTY The
More informationTriangular Cases in application of Tax Treaties. Arpit Jain Chartered Accountant
Triangular Cases in application of Tax Treaties Arpit Jain Chartered Accountant Cases Case Study 1 In which country is interest taxable? State R GE Income: 300 PE Income: 200 State P State S Interest:
More informationMALTA. Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Malta
MALTA Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Malta Whereas the annexed Agreement between the Government of the Republic of India and the Republic of Malta for
More informationExpatriates Incoming Seminar on Taxation of Expatriates ICAI, Bangalore Chapter, 18 May 2007
Expatriates Incoming Seminar on Taxation of Expatriates ICAI, Bangalore Chapter, 18 May 2007 Agenda Residential Status Alternative Income Streams Tax Implications Avoidance of double taxation - Tax Credits
More information2005 Income and Capital Gains Tax Convention and Notes
2005 Income and Capital Gains Tax Convention and Notes Treaty Partners: Botswana; United Kingdom Signed: September 9, 2005 In Force: September 4, 2006 Effective: In Botswana, from July 1, 2007. In the
More informationAnalysis: Denmark Singapore Income Treaty Signed: Entry into force: Effective date:
Analysis: Denmark Singapore Income Treaty Type of treaty: Income Based on the OECD Model Treaty Signed: July 3, 2000 Entry into force: December 21, 2000 Effective date: In Denmark, from income year 2001;
More informationC O N V E N T I O N BETWEEN THE SWISS FEDERAL COUNCIL AND THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA
C O N V E N T I O N BETWEEN THE SWISS FEDERAL COUNCIL AND THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL AND THE PREVENTION
More informationDesiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,
AGREEMENT BETWEEN THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM FOR THE AVOIDANCE OF DOUBLE TAXATION
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES
AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT
More informationLITHUANIA. ARTICLE 1 PERSONS COVERED This Agreement shall apply to persons who are residents of one or both of the Contracting States.
LITHUANIA Agreement for Avoidance of double taxation and prevention of fiscal evasion with foreign countries Lithuania Whereas an Agreement and the Protocol between the Government of the Republic of India
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE S REPUBLIC OF CHINA FOR THE AVOIDANCE OF DOUBLE TAXATION AND
More informationSYNTHESISED TEXT THE MLI AND THE CONVENTION BETWEEN JAPAN AND THE CZECHOSLOVAK SOCIALIST
SYNTHESISED TEXT OF THE MLI AND THE CONVENTION BETWEEN JAPAN AND THE CZECHOSLOVAK SOCIALIST REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME (AS IT APPLIES TO RELATIONS BETWEEN
More informationCharltons. Hong Kong. August Hong Kong And Russia Double Taxation Agreement Comes Into Force Introduction SOLICITORS
And Russia Double Taxation Agreement Comes Into Force Introduction The Russia - agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income ( Russia
More informationARMENIA ARTICLE 3 GENERAL DEFINITIONS
ARMENIA Agreement for Avoidance of Double Taxation and prevention of fiscal evasion with Armenia Whereas the annexed Convention between the Government of the Republic of India and the Government of the
More informationCyprus Bulgaria Tax Treaties
Cyprus Bulgaria Tax Treaties AGREEMENT OF 30 TH OCTOBER, 2000 This is the Convention between the Republic of Cyprus and the Republic of Bulgaria for the avoidance of double taxation with respect to taxes
More informationNOTIFICATION NO.2/2014 [F.NO.501/1/2003 FTD I]/SO 47(E), DATED
SECTION 90 OF THE INCOME TAX ACT, 1961 DOUBLE TAXATION AGREEMENT AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES ALBANIA NOTIFICATION NO.2/2014 [F.NO.501/1/2003
More informationLUXEMBOURG. ARTICLE 1 PERSONS COVERED This Agreement shall apply to persons who are residents of one or both of the Contracting States.
LUXEMBOURG Agreement for avoidance of double taxation and prevention of fiscal evasion with Luxembourg Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government
More informationCONVENTION. between THE GOVERNMENT OF BARBADOS. and THE GOVERNMENT OF THE REPUBLIC OF GHANA
CONVENTION between THE GOVERNMENT OF BARBADOS and THE GOVERNMENT OF THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON
More informationMOZAMBIQUE Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Mozambique
MOZAMBIQUE Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Mozambique Whereas the annexed Agreement between the Government of the Republic of India and the Government of
More informationUGANDA. Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Uganda
UGANDA Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Uganda Whereas the annexed Convention between the Government of the Republic of India and the Government of Uganda
More informationArticle 7of the OECD Model Convention Part I
Article 7of the OECD Model Convention Part I Presented at the BCAS ITF II Study Group on 9 th September 2010 ITF-II Group Discussion 1 Contents Article 7 Brief Overview Article 7(1) Article 7(1) First
More informationAgreement for avoidance of double taxation of income with USA Whereas the annexed Convention between the Government of the United States of America
Agreement for avoidance of double taxation of income with USA Whereas the annexed Convention between the Government of the United States of America and the Government of the Republic of India for the avoidance
More informationMYANMAR (UNION OF MYANMAR)
MYANMAR (UNION OF MYANMAR) Agreement for avoidance of double taxation and prevention of fiscal evasion with union of Myanmar Whereas the annexed Agreement between the Government of the Republic of India
More informationIRELAND Agreement for avoidance of double taxation and prevention of fiscal evasion with Ireland Whereas the annexed Convention between the
IRELAND Agreement for avoidance of double taxation and prevention of fiscal evasion with Ireland Whereas the annexed Convention between the Government of the Republic of India and the Government of Ireland
More informationTHE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA,
Agreement Between the Government of Canada and the Government of the Republic of India for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital
More informationNOTIFICATION NO.44/2014 [F.NO.501/3/99 FTD II], DATED
SECTION 90 OF THE INCOME TAX ACT, 1961 DOUBLE TAXATION AGREEMENT AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES COLUMBIA NOTIFICATION NO.44/2014 [F.NO.501/3/99
More information2005 Income and Capital Gains Tax Convention
2005 Income and Capital Gains Tax Convention Treaty Partners: Barbados; Botswana Signed: February 23, 2005 In Force: August 25, 2005 Effective: In Barbados, from January 1, 2006. In Botswana, from July
More informationArticle 2 TAXES COVERED
PROTOCOL AMENDING THE CONVENTION BETWEEN DENMARK AND SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL, SIGNED AT COPENHAGEN THE 3RD DAY OF JULY 1972. The Government
More informationCyprus Italy Tax Treaties
Cyprus Italy Tax Treaties AGREEMENT OF 24 TH APRIL, 1974 AS AMENDED BY PROTOCOL OF 7 TH OCTOBER, 1980 This is a Convention between Cyprus and Italy for the avoidance of double taxation and the prevention
More informationPoland. Chapter I. Scope of the Convention. Chapter II. Definitions
Poland Convention between the Kingdom of the Netherlands and the Republic of Poland for the avoidance of double taxation with respect to taxes on income and capital Done at Warsaw, on 13 February 2002
More informationthe term "India" means the territory of India and includes the territorial sea and airspace above it, as well as any other
ICELAND Agreement for avoidance of double taxation and prevention of fiscal evasion with Iceland WHEREAS the annexed Agreement between the Government of the Republic of India and the Government of Iceland
More informationCyprus Egypt Tax Treaties
Cyprus Egypt Tax Treaties AGREEMENT OF 19 TH DECEMBER, 1993 This is the Convention between the Government of the Republic of Cyprus and the Government of the Arab Republic of Egypt for the avoidance of
More informationOverview of Double Tax Avoidance Agreements Provisions
Overview of Double Tax Avoidance Agreements Provisions KPMG.com/in Dinesh V. Patil 12 December 2018 1 Concept of Double Taxation Double Taxation can be defined as imposition of taxes in two or more states
More informationSOME RELEVANT TREATY ISSUES
SOME RELEVANT TREATY ISSUES Rahul Charkha August 29, 2018 CONTENT Sr. No. Topic 1 Glossary 2 Most Favoured Nation Principle 3 Tax Credit 4 Mutual Agreement Procedures 5 Annexure - 1 6 Our Team GLOSSARY
More informationSA/Mauritius DTA changes & challenges. Celia Becker 26 & 27 March 2015
SA/Mauritius DTA changes & challenges Celia Becker 26 & 27 March 2015 content background changes & challenges conclusion effective date questions and discussion background background current SA / Mauritius
More informationHungary - Singapore Income Tax Treaty (1997)
Hungary - Singapore Income Tax Treaty (1997) Status: In Force Conclusion Date: 17 April 1997. Entry into Force: 18 December 1998. Effective Date: 1 January 1999 (see Article 29). AGREEMENT BETWEEN THE
More informationbetween the Swiss Confederation and the Islamic Republic of Pakistan for the Avoidance of Double Taxation with respect to Taxes on Income
Convention between the Swiss Confederation and the Islamic Republic of Pakistan for the Avoidance of Double Taxation with respect to Taxes on Income The Swiss Federal Council and the Government of the
More informationCONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES
CONVENTION BETWEEN IRELAND AND THE REPUBLIC OF GHANA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND CAPITAL GAINS The Government of Ireland
More informationCyprus South Africa Tax Treaties
Cyprus South Africa Tax Treaties AGREEMENT OF 26 TH NOVEMBER, 1997 This is the Agreement between the Government of the Republic of Cyprus and the Government of the Republic of South Africa for the avoidance
More informationDesiring to further develop their economic relationship and to enhance their cooperation in tax matters,
CONVENTION BETWEEN JAPAN AND THE REPUBLIC OF CHILE FOR THE ELIMINATION OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF TAX EVASION AND AVOIDANCE Japan and the Republic of Chile,
More informationJAPAN-BRAZIL CONVENTION
JAPAN-BRAZIL CONVENTION Date of Conclusion: 24 January 1967 Effective Date: 1 January 1968 Decree signed in 14 December 1967 CONVENTION BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND JAPAN FOR THE AVOIDANCE
More informationCyprus Croatia Tax Treaties
Cyprus Croatia Tax Treaties AGREEMENT OF 29 TH JUNE, 1985 This is a Convention between the Republic of Cyprus and the Socialist Federal Republic of Yugoslavia for the avoidance of double taxation with
More informationIFA Congress 2012 Boston Subject 1: Enterprise Services
Subject 1: Claudine Devillet Xavier Van Vlem 1 Introduction Purpose of the Report Consider the policy and practical aspects of how jurisdictions apply their income tax rules to the provision of services
More informationNote from the Coordinator of the Subcommittee on Tax Treatment of Services: Draft Article and Commentary on Technical Services.
Distr.: General 30 September 2014 Original: English Committee of Experts on International Cooperation in Tax Matters Tenth Session Geneva, 27-31 October 2014 Agenda Item 3 (a) (x) (b)* Taxation of Services
More informationDENMARK - UGANDA INCOME TAX TREATY (2000)
Date of Conclusion: 14 January 2000. Entry into Force: 8 May 2001. Effective Date: 1 January 2002 (see Article 31). DENMARK - UGANDA INCOME TAX TREATY (2000) CONVENTION BETWEEN THE KINGDOM OF DENMARK AND
More informationMONGOLIA. Agreement for avoidance of double taxation and prevention of fiscal evasion with Mongolia
MONGOLIA Agreement for avoidance of double taxation and prevention of fiscal evasion with Mongolia Whereas the annexed Agreement between the Government of the Republic of India and the Government of Mongolia
More information2004 Income and Capital Gains Tax Agreement
2004 Income and Capital Gains Tax Agreement Treaty Partners: Botswana; Seychelles Signed: August 26, 2004 In Force: June 22, 2005 Effective: In Botswana, from July 1, 2006. In Seychelles, from January
More informationRoyalty and Fees for Technical Services CA Hiten Sutar. 16 December 2017
Royalty and Fees for Technical Services CA Hiten Sutar 16 December 2017 Royalty & FTS Overview under IT Act 1 Brief overview of provisions of Income Tax Act, 1961 Section 5 Scope of Total Income for Non
More informationSLOVENIA. Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with foreign countries - With Slovenia
SLOVENIA Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with foreign countries - With Slovenia Whereas the annexed Convention between the Government of the Republic of India
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES
More informationVisiting Fellows and Visiting Scholars Program Financial Advice (June 2018)
Visiting Fellows and Visiting Scholars Program Financial Advice (June 2018) 1 Introduction It is very important that the budget you present as part of the nomination materials for a University of Tasmania
More informationDouble Taxation Relief (India) Order 1986 (SR 1986/336)
Reprint as at 7 October 1999 Double Taxation Relief (India) Order 1986 (SR 1986/336) Paul Reeves, Governor-General Order in Council At Wellington this 24th day of November 1986 Present: His Excellency
More informationInternational Taxation
568 An Insight into Foreign Tax Credit It is an acceptable fact that uniform solution for allowability of FTC cannot be provided in the Convention in view of the wide variety of fiscal policies and techniques
More informationTerritorial Scope General Definitions Permanent Establishment
CONVENTION BETWEEN THE PEOPLE'S REPUBLIC OF BULGARIA AND THE KINGDOM OF BELGIUM FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL Prom. SG. 36/30 Apr 1993 The People's
More informationTaxation of Expatriates Issues which can be considered for taxation of Expatriates: - Residential Status. - Taxation of salary, perquisites, amenities
SIRC of ICAI Tirupur Branch Taxation of Expatriates 9 th February, 2008 Naresh Ajwani Partner Rashmin Sanghvi & Associates Chartered Accountants Taxation of Expatriates Issues which can be considered for
More informationCyprus Romania Tax Treaties
Cyprus Romania Tax Treaties AGREEMENT OF 16 TH NOVEMBER, 1981 This is the Convention between the Government of The Socialist Republic of Romania and the Government of the Republic of Cyprus for the avoidance
More informationThis Convention shall apply to persons who are residents of one or both of the States.
Pakistan Convention between the Kingdom of the Netherlands and the Islam Republic of Pakistan for the avoidance of double taxation with respect to taxes on income and capital Done at The Hague, on 24 March,
More informationUNITED MEXICAN STATES. Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with United Mexican States
UNITED MEXICAN STATES Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with United Mexican States NOTIFICATION NO. 86/2010 [F. NO. 503/4/91-FTD-I], DATED 26-11-2010 Whereas,
More informationDouble Taxation Avoidance Agreement between Myanmar and India
Double Taxation Avoidance Agreement between Myanmar and India Completed on April 2, 2008 This document was downloaded from ASEAN Briefing (www.aseanbriefing.com) and was compiled by the tax experts at
More informationArticle 1. Personal scope. This Agreement shall apply to persons who are residents of one or both of the Contracting States. Article 2.
AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF HUNGARY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AUSTRALIA AND THE REPUBLIC OF HUNGARY,
More informationCONCEPT OF RESIDENCE. Seminar on Basics of International Taxation. Date : 5 th September 2014
CONCEPT OF RESIDENCE Seminar on Basics of International Taxation SIRC of ICAI Date : 5 th September 2014 1 Particulars Section Resident RNOR Non- Resident Income received in India Sect 5 IncomeAccruing
More informationCONVENTION. Signed in Beirut on July 26, 1999 Ratified by Law N. 178 dated May 24, 2000 Published in the O.G N. 25 of June 8, 2000
CONVENTION Between the Lebanese Republic and the Republic of Poland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital Signed in Beirut
More informationTAXATION OF NON RESIDENT SERVICE PROVIDERS
TAXATION OF NON RESIDENT SERVICE PROVIDERS Capacity Building on Tax Treaty Administration New York, 30 31 May 2013 Ariane Pickering Source taxation under UN Model Articles 5 & 7 Business Profits Profits
More informationDouble Taxation Treaty between Ireland and New Zealand
Double Taxation Treaty between Ireland and New Zealand Convention between the government of New Zealand and the government of Ireland for the avoidance of double taxation and the prevention of fiscal evasion
More informationAGREEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE ISLE OF MAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF TAX FRAUD
AGREEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE ISLE OF MAN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF TAX FRAUD WITH RESPECT TO TAXES ON INCOME AGREEMENT BETWEEN THE KINGDOM OF BELGIUM
More informationCyprus Kuwait Tax Treaties
Cyprus Kuwait Tax Treaties AGREEMENT OF 15 TH DECEMBER, 1984 This is a Convention between the Republic of Cyprus and the Government of the State of Kuwait for the avoidance of double taxation and the prevention
More information1993 Income and Capital Gains Tax Convention
1993 Income and Capital Gains Tax Convention Treaty Partners: Ghana; United Kingdom Signed: January 20, 1993 In Force: August 10, 1994 Effective: In Ghana, from January 1, 1995. In the U.K.: income tax
More informationWorkshop on Taxation of Foreign Remittances
Workshop on Taxation of Foreign Remittances Chamber of Tax Consultants Income of Non Residents from Shipping and Aircraft Operation 20 th December 2013 Mumbai Pune Hyderabad New Delhi Glossary 2 Glossary
More informationIs Ware House Agent A PE??
DIVAKAR VIJAYASARATHY & ASSOCIATES Is Ware House Agent A PE??. Divakar Vijayasarathy 10 Does Demarcated Space in a Warehouse constitute a PE?? The term permanent establishment has been the subject of matter
More informationForeign Tax Credit. June 2016
Foreign Tax Credit June 2016 Table of content 1 Introduction 2 Types of Relief 3 Exemption Method 4 Credit Method 5 Double non-taxation 6 Excess FTC 7 Documentation 8 Cases where FTC not available 9 Case
More informationDouble Taxation Agreement between China and the United States of America
Double Taxation Agreement between China and the United States of America English Version Done on April 30, 1984 This document was downloaded from the Dezan Shira & Associates Online Library and was compiled
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ICELAND AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM FOR
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ICELAND AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT
More informationAGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE STATE OF QATAR FOR THE AVOIDANCE OF DOUBLE TAXATION
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE STATE OF QATAR FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
More informationARTICLE 2 Taxes Covered
CONVENTION BETWEEN THE KINGDOM OF THAILAND AND CANADA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Government of the Kingdom of Thailand
More informationCONVENTION BETWEEN THE COUNCIL OF MINISTERS OF SERBIA AND MONTENEGRO AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
CONVENTION BETWEEN THE COUNCIL OF MINISTERS OF SERBIA AND MONTENEGRO AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL
More informationICELAND Agreement for avoidance of double taxation and prevention of fiscal evasion with Iceland Notification :
ICELAND Agreement for avoidance of double taxation and prevention of fiscal evasion with Iceland Whereas the annexed Agreement between the Government of the Republic of India and the Government of Iceland
More informationDouble Taxation Avoidance Agreement between Philippines and China. Completed on November 18, 1999
Double Taxation Avoidance Agreement between Philippines and China Completed on November 18, 1999 This document was downloaded from m r o o o (www.sas-ph.com). o o e er o erv e, oo ee,, o r o AGREEMENT
More informationSYNTHESISED TEXT THE MLI AND THE CONVENTION BETWEEN JAPAN AND THE POLISH PEOPLE S REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT
SYNTHESISED TEXT OF THE MLI AND THE CONVENTION BETWEEN JAPAN AND THE POLISH PEOPLE S REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME This document presents the synthesised
More information1977 Income Tax Convention and Final Protocol
1977 Income Tax Convention and Final Protocol Treaty Partners: Netherlands; Zambia Signed: December 19, 1977 In Force: November 9, 1982 Effective: In the Netherlands, from January 1, 1983. In Zambia, from
More informationArticle 1. Persons Covered. This Agreement shall apply to persons who are residents of one or both of the Contracting Parties.
AGREEMENT BETWEEN THE GOVERNMENT OF THE STATE OF QATAR AND THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF PEOPLE'S REPUBLIC OF CHINA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION
More informationAGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE STATE OF QATAR FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL
AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE STATE OF QATAR FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AGREEMENT BETWEEN
More information