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What is DTAA (Double Taxation Avoidance Agreement)?

Meaning of DTAA

  • DTAA stands for Double Taxation Avoidance Agreement, a treaty between two or more countries.
  • Its purpose is to prevent the same income from being taxed twice in both countries.
  • It applies to individuals and entities who earn income in a country other than their residence.
  • The agreement outlines how tax will be shared between the two countries.
  • India has signed DTAAs with more than 90 countries worldwide.

Purpose and Benefits of DTAA

  • Avoids double burden of taxation on the same income in two jurisdictions.
  • Promotes cross-border trade and investment by providing tax certainty.
  • Helps taxpayers reduce overall tax liability legally.
  • Prevents tax evasion and promotes exchange of information between countries.
  • Encourages compliance and smooth dispute resolution.

Types of Relief Under DTAA

  • Exemption Method: Income is taxed in only one of the countries.
  • Tax Credit Method: Income is taxed in both countries, but credit is given in the resident country.
  • Relief ensures that the effective tax rate does not exceed the higher rate of either country.
  • The specific method depends on the treaty provisions.
  • Taxpayers must choose the correct method while filing their return.

Who Can Avail DTAA Benefits

  • Non-Resident Indians (NRIs) earning income from India.
  • Foreign nationals or companies earning dividends, interest, royalties, or other income from India.
  • Indian residents earning income from a foreign country with which India has a DTAA.
  • The taxpayer must be a resident of one contracting country and earn income in the other.
  • A valid Tax Residency Certificate (TRC) must be submitted to claim DTAA benefit.

Common Income Covered Under DTAA

  • Salaries and wages earned abroad.
  • Capital gains on sale of assets in foreign countries.
  • Interest, dividends, and royalties received from overseas.
  • Professional or technical services rendered across borders.
  • Income from business operations in both treaty countries.

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