As per the Article 11 of the double taxation avoidance agreement (DTAA) between India and Germany, the interest income earned in India by a. Get comprehensive agreements & Tax information exchange agreement between different countries & India to know how Non-resident can claim tax benefits. Double Taxation Avoidance Agreement – DTAA, fiscal evasion, prevention. Taxation Avoidance Agreement (DTAA) with Government of the Republic of India.
|Published (Last):||2 November 2004|
|PDF File Size:||8.40 Mb|
|ePub File Size:||15.99 Mb|
|Price:||Free* [*Free Regsitration Required]|
Any agreement reached shall be implemented notwithstanding any time limits in the national laws of the Contracting States.
Invest in best performing Mutual funds for building long term wealth. In such case, the provisions of article 7 or article 15, as the case may be, shall apply. However, no such deduction shall be allowed in respect of amounts, if any, paid otherwise than towards reimbursement of actual expenses by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents, know-how or other rights, or by way of commission or other charges for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to the permanent establishment.
The Governments of the Contracting States shall notify to each other that the legal requirements for the entry into force of this Agreement have been complied with. Hence, you need to examine the new list every time, to see if any changes have been made or affected. 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.
However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according insia the laws of that State, but if the recipient is the beneficial owner of the dividends, the tax as charged shall not exceed: 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.
Income derived by an enterprise of a Contracting State from the operation of ships in international traffic for the transport of cargo other than that belonging to either Contracting State may be taxed also in that other Contracting State; but such tax shall be restricted to 50 per cent. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as are attributable to a that permanent establishment; b sales in that other State of goods or merchandise of the same or similar kind as those sold through that permanent establishment; or c other business activities carried on in that other Germxny of the same or similar kind as those effected through that permanent establishment.
For the purposes of this Agreement the term shall also cover any other maritime zone in which the Republic of India has sovereign rights, other rights and jurisdictions, according to the Indian Law and in accordance with international law in particular as laid down in the UN Convention of the law of the Sea; c. The provisions of paragraph 1 shall apply to income derive from the direct use, letting, or use in any other form of immovable property.
Gains from the alienation of shares of the capital stock of a company the property of germamy consists directly or indirectly principally of immovable property situated in a Contracting State may be taxed in that State. The term “fees for technical services” as used in this article means payments of any amount dyaa any person other than payments to an employee of a person making payments, in consideration for the services of a managerial, technical or consultancy nature, including the provision of services of technical or other personnel.
In this article, the term “taxation” means taxes which are the subject of this Agreement. So, he has to convert his savings account to an NRO savings account where he can put germanu money. Such third party cookies may track your use on Goodreturns sites for better rendering.
Double Taxation Agreements with Germany | Agreements | Law Library | AdvocateKhoj
If you continue without changing your settings, we’ll assume that you are happy to receive all cookies on Goodreturns website. The benefits of this article shall extend only for such period of time as may be reasonable or customarily required to complete the education or training undertaken, but in no event shall any individual have the benefits of this article, for more than six consecutive years from the date of his first arrival in that other Contracting State.
For some years into retirement, I used to spend hardly any amount from the allowance towards treatment as both of us enjoyed good health and as such till recently I did not bother to claim any exemption on expenses incurred for treatment. Likewise, no account shall be taken, in the determination of the profits of a permanent establishment, for amount charged otherwise than towards reimbursement of actual expensesby the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents, know-how or other rights, or by way of commission or other charges for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to the head office of the enterprise or any of its other offices.
Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make, if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment.
The provisions of paragraph 1 shall also apply to income derived from the direct use, letting, or use in any other form of immovable property. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first mentioned State are or may be subjected.
Plans start from Rs.
List of countries with whom India has Double Taxation Avoidance Agreement (DTAA)
The Contracting States undertake to lend assistance and support to each other, in the collection of the taxes to which this Agreement dtax, in the cases where the taxes are definitely due according to the laws of the State making the request.
An individual who is present in a Contracting State solely: Have agreed as follows: However, such interest may also be taxed in the Contracting State in which it arises bermany according to the laws of that State, but if the recipient is the beneficial owner of the interest, the tax so charged shall not exceed 15 per cent.
The term “royalties” as used in this article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph films or tapes used for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience.
The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State, in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein and the debt-claim in respect of which the interest is paid is effectively connected with such a permanent establishment or fixed base.
Such deduction in either case shall not, however, exceed that part of the income-tax or capital tax as computed before the deduction is given which is attributable, as the case may be, to the income or the capital which may be taxed in the Federal Republic of Germany. Notwithstanding the provisions of paragraphs 1 and Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. For investment related articles, business news and mutual fund advise.
In the determination of the profits of a permanent establishment, there shall be allowed as deductions, expenses which are incurred for the purposes of the business of the permanent establishment including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere, and according to the domestic law of the Contracting State in which the permanent establishment is situated.
Interest shall be deemed to arise in a Contracting State when the payer is that Contracting State itself, a political sub-division, a local authority or a resident of that State. In the German Democratic Republic: The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to avoidance of taxation not in accordance with the Agreement.
This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.
International Taxation >Double Taxation Avoidance Agreements
The taxes to which this Agreement shall apply are: Gewinnabfuhrungen der Staatlichen Betriebe revenue transfer by public enterprises. Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with this Agreement, he may, notwithstanding the remedies provided by the national laws of those States, present his case to the competent authority of the Contracting State of which he is a resident.
If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. Salaries, wages and other similar remuneration derived by a resident of a Contracting State in his capacity as an official in a top-level managerial position of a company which is a resident of the other Contracting State may be taxed in that other State.
Notwithstanding the provisions of Articles 7, 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State.