- Double Taxation Avoidance Agreement (DTAA) provides for credit to be given for tax `spared` (i.e. not paid) in India under the provisions of Indian law set out in Article 24 (4)
- This tax ‘spared’ relief is restricted to a period of 10 years from first exercised – Article 24 (5)
- Credit for `tax spared’ is limited to the amount of tax which would otherwise have been paid under the terms of the agreement. As per UK India DTAA interest can be taxed maximum @ 15% Article 12 (2). Thus, relief restricted to 15%.
- DTAA does not mention any certification requirements.
- Income under sections of Indian Income Tax Act 1961 is mentioned in DTAA:
|Sections||Type of Income|
|10(4)||Non-Resident (External) Account|
|10(15) (iv)||FCNR Deposits|
|Other sections||Not relevant for present scenario|
NRE and FCNR Deposits will get a Foreign Tax Credit Relief for tax which would have been paid in India if NRE/FCNR interest was taxable . This relief is restricted to 15% of gross interest.
- Double Taxation Relief Manual DT9553
- International Manual INTM161270
- UK India DTAA Agreement – Synthesized text
- Source of Indian Income Tax text
- Institute of Chartered Accountants of India – Taxation of Non-residents 2018 version.
Prior to 1st April 2020 dividends distributed in India were subject to Dividend Distribution tax (DDT). Indian residents did not need to pay tax on dividends, but non-residents were at a disadvantage as they could not get credit for DDT.
Now DDT has been abolished, dividend will be taxable in the hands of the shareholders.