INDIA GERMANY DTAA PDF

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.

Gains derived by a resident of a Contracting State from the alienation of immovable property, referred to in article 6, and situated in the other Contracting State may be taxed in that other State.

List of countries with whom India has Double Taxation Avoidance Agreement (DTAA)

Notwithstanding the provisions of paragraph 1, if a resident of a Contracting State derives income from sources within the other Contracting State in the form of lotteries, crossword puzzles, races including horse races, card games and other games of any sort of gambling or betting of any form or nature whatsoever, such income may be taxed in the other Contracting State.

For the purposes of this article: However, such interest may also be taxed in the Contracting State in which it arises and 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.

Whereas the annexed agreement between the Government of the Republic of India and the Government of the German Democratic Republic for the avoidance of double taxation with respect to taxes on income and on capital has come into force on the 24th November,on the notification by both the Contracting States to each other of the approval of the agreement under their laws in accordance with article 31 of the said agreement.

Royalties rtaa fees for technical services arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. Subject to the provisions of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State. This paragraph shall not affect the taxation of the company in respect of the profits out of which indiq dividends are paid.

Never dtaaa a great news story! 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. The term “professional services” includes independent scientific, literary, artistic, educational or teaching activities, as well as the independent activities of physicians, surgeons, lawyers, engineers, architects, dentists and accountants.

How to file GST Returns? Further, this provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, lndia and reductions for taxation purposes which it grants only to its own residents.

Gains from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated.

How NRIs can claim benefits under DTAA

The existing taxes to which this Agreement shall apply are in particular: Capital represented by ships or aircraft, operated in international traffic and by movable property pertaining to the operation of such ships or aircraft shall be taxed only in the Contracting State of which the enterprise owning such property is a resident.

You are advised to approach a tax professional in Germany to get the details about taxation of individuals and slab rates prevailing in Germany. Directors’ fees and similar payments derived by a resident of a Contracting State in his capacity, as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State.

Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State. Where profits include items of income which are dealt with separately in other articles of this Agreement, then the provisions of those articles shall.

Agreement between the Government of the Republic of India and the Government of the Federal Republic of Germany for the avoidance of double taxation with respect to taxes on income and capital. Penalty charges for late payment shall not be regarded as interest for the purpose of this article.

Therefore, the exemption specified in proviso to Section 17 2 may not be available to you. The provisions of paragraphs 1 and 2 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.

Will be displayed Will not be displayed Will be displayed. A student or business apprentice who is or was a resident of one of the Contracting States immediately before visiting the other Contracting State and who is present in that other State solely for the purpose of his education or training, shall be exempt from tax in that other State on: So, he has to convert his savings account to an NRO savings account where he can put his money.

Subject to the provisions of German tax law regarding credit for foreign tax, there shall be allowed as a credit against German tax payable in respect of the following items of income arising in the Republic of India and the items of capital situated there, the Indian tax paid under the laws of the Republic of India and in accordance with this Agreement on: The provisions of Articles 15, 16 and 18 shall apply to remuneration and pensions in respect of services rendered in connection with a business carried on by a Contracting State, a land, a political sub-division or a local authority thereof.

Producing or selling goods or merchandise, giving technical advice or rendering engineering services, or doing banking or insurance business, within the Republic of India. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it rtaa on business in that other State through a broker, general commission agent or any other agent of an independent status provided that such persons are acting in the ordinary course of their business.

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This Agreement shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. Notwithstanding the preceding provisions of this article, the term “permanent establishment” shall be deemed not to include: What is DTAA here? The Contracting States undertake to lend assistance and support to each other, in the collection of the taxes to which this Agreement relates, in the cases where the taxes are definitely due according iindia the laws of the State making the request.

This Agreement shall apply to persons who are residents of one or both of the Contracting States. Tax shall be inida in the case of a resident of the Gremany of India as follows: The competent authorities of the Contracting States shall agree from time to time on the list of information or documents which shall be furnished on a routine basis.

The provisions of paragraphs 1, 2 and 3 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 dtaaa connected with such permanent establishment or fixed base.

Enterprises of a Contracting State, the capital germanu 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.

The germanyy “permanent establishment” includes especially: Double Taxation Avoidance Agreement.

List of countries with whom India has Double Taxation Avoidance Agreement (DTAA) – Goodreturns

The profits of an enterprise of a Contracting State shall be taxable only in that Gemrany unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. Since the past year, our medical bills have skyrocketed due to some major health issues.

We use cookies to ensure that we give you the best experience on our website. Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of the Contracting State of which he is a national.

My son works in Germany and he has an NRI status.

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For the purposes of this Agreement, the term “permanent establishment” means a fixed place of business through which the business of the enterprise is wholly or partly carried on. The term “permanent establishment” includes especially: Dilip Lakhani, Senior Chartered Accountant answers queries from our readers on income tax and germang levies.

Gains from the alienation of shares in a company which is a resident of a Contracting State may indis taxed in that State. Vermogensteuer property-tax hereinafter referred to as “German Democratic Republic tax”.