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1.
income and stipulates that an income is taxable in the country in which it originates
Playing in India. Income is taxable in India. Source Rule is applicable.
it is possible that same income gets taxed twice in 2 countries viz. in the country of residence of the person as well as in the country of source of income.
Double Taxation
Double Taxation makes international trade unviable. Everybody would prefer to deal domestically rather then going international.
governments of different countries enter into agreements with each other for avoidance of double taxation. These agreements are called Tax Treaties or Double Taxation Avoidance Agreement (DTAAs)
Terminology
Source Country Residence Country/Home Country Withholding Tax
Country where income is actually earned.
Salary
Taxable in the country of residence unless employee is in other country beyond a prescribed period.
Capital Gain
Taxable in the country of residence.
Business Income
No PE
PE
Generally
Methods of Elimination
Credit Method
In this method, credit for tax paid in the source country is given by the residence country against its domestic tax as if the foreign tax were paid to the country of residence itself.
Methods of Elimination
Exemption Method
In this method, each country provides full exemption to the income of its residents which according to the treaty is to be taxed in another country.
Residence
Resident
Source
Either full exemption is granted to income or credit for tax paid in source country is given.
Non Resident
Residence Source
Treaty Shopping
Is a situation where resident of a third country takes benefit of tax treaty between 2 different countries. This is normally achieved by creating layers of ownership structures between origin country and target country.
Business Income of a non resident is taxable in source country only if it is related to a permanent establishment or a fixed place of business in the source country. Accordingly business income of a non resident shall be taxable in India only if that non resident has a permanent establishment or a fixed place of business in India and income is related thereto.
1. 2. 3. 4. 5. 6. 7.
8.
a place of management, a branch, an office, a factory, a workshop, a sales outlet, a warehouse, a mine, an oil or gas well, a quarry or other place of extraction of natural resources
rules that limit the benefits under the treaty in certain circumstances. These rules are typically called limitation on benefits or LOB provisions.
Terminology
Tax Heavens
Countries with very low or nil rates of taxation. Bermuda Isle of Man Cyprus Jersey Mauritius Cayman BVI
"What identifies an area as a tax haven is the existence of a composite tax structure
established deliberately to take advantage of, and exploit, a worldwide demand for opportunities to engage in tax avoidance.
..The Economist