What is Double Tax Avoidance Agreement (DTAA)?

What is the Double Tax Avoidance Agreement?

Double Tax Avoidance Agreement (DTAA) is an agreement that has been signed between India and other countries. According to the agreement, an individual earning an income in another country while being a resident of another country does not have to pay two (double) taxes on the same income. For example, if you are an Indian resident and have an income earned in the USA because of the existence of your business in the USA, you would have to pay tax in the USA on the income generated there as well as in India where you file your tax returns. But, when the DTAA is in effect, you would have to pay taxes only in one country, not both. Alternatively, in case your income is chargeable to tax in both countries, then taxes paid in one country will be allowed as a credit in the other country as per the provisions of DTAAs.

Objectives of the Agreement

The tax rules of every country has two main components -

1. Tax on foreign income
2. Tax on non-residents

The Tax on foreign income arises when the resident or company of a country earns income in another country. For instance, if an Indian individual, say Mr. Abhinav or Reliance Industries limited, earns an income in USA, it is called a foreign income. Since this foreign income is a part of the individual's or company's income which resident in India, it should be taxed in India.

Tax on non-residents is incurred when a resident of another country earns an income domestically. So, in the above example, if Mr. John, who is a resident of the USA, earns some income in India, so the income earned In India would be taxed in both countries.

Example of DTAA

Abhinav, an Indian resident, earns INR 2500 through his investments in the USA. This INR 2500 would be taxed in India as foreign income and also in the USA as non-resident income. If the tax rates in India and USA are 30% each, an effective tax of 60% would be paid on the income, leaving Abhinav with only INR 1000 (INR 2500 – 60%) as the net income after taxes.

This dual taxation is a loss for the investor, and to address this issue, the Double Tax Avoidance Agreement came into the picture. The agreement was made to promote international trade. Under the provisions of the agreement, in the case of foreign income, taxation is done only once. Thus, when the individual knows that he would be taxed only once on the international income, he would be motivated to do business internationally and increase his scope of earning. This would, in turn, help countries attract investments from entrepreneurs. India can enjoy foreign investments as well as other countries can enjoy investments from Indian entrepreneurs. Thus, the agreement is mutually beneficial for all member countries in boosting their economies.

DTAA Rates

Application of DTAA

DTAA can be applied either comprehensively or in a limited manner. Let's understand

• Comprehensive DTAA - Under comprehensive DTAA, tax benefits are provided on income, capital gains, and all sources of income
• Limited DTAA - Under this DTAA, tax reliefs are available in specific areas like income from shipping, income from air transport, income from estate, gift, or inheritance.

Incomes Exempted under DTAA

In the Indian context, NRIs would not have to pay double tax on the following sources of income earned in India based on the provisions of DTAA with the respective countries:

• Salary received
• Payment for services rendered in India
• Interest on fixed deposits in India
• Income from house property which is situated in India
• Interest earned on savings bank account maintained in India
• Capital gains earned when capital assets are transferred in India

How does the DTAA Work?

DTAA works on two principles

The source rule is when the income is taxed in the country of origin whether you are a resident of the country or not.

The resident rule specifies that the income would be taxed in the country where you reside, irrespective of the income's origin.

In India, the residence rule is followed. This means that your international income would be taxed in the country where you are a resident. If you are an Indian resident, your international income would be taxed in India. If, on the other hand, you are an NRI, your Indian income would be taxed in your resident country as well as in India. However, you can claim the benefit as per the provisions of the DTAA.

Tax Reliefs under DTAA as per the Indian Laws

Reliefs under DTAA can be categorized as unilateral or bilateral tax reliefs. Let's elaborate.

Bilateral Relief under Section 90 of the Income Tax Act, 1961

Bilateral relief is available in those countries with which India has entered into a DTAA treaty. Currently, India has a DTAA treaty with more than 80 countries where bilateral tax relief is available. Under bilateral tax relief, the tax benefit is granted in two ways:

1. Exemption method - Under this method, international income is either taxed in any one country, or a specific portion of the income is taxed in both countries.
2. Tax credit method - Under this method, income is taxed in both countries. Thereafter, you get a tax credit in your tax liability payable in your resident country for the tax already paid in the income source country. For instance, for your income earned in the USA, you paid a tax in the USA. Thereafter, when your tax liability is calculated in India on your total income, you get a deduction for the tax already paid in the USA.

The DTAA provisions would override the provisions of the Income Tax Act. It means that you can opt for the provision which is more beneficial to you.

Unilateral Relief Under Section 91 of the Income Tax Act 1961

You get unilateral tax relief if there is no DTAA treaty between India and the country in which the income originates. To avail unilateral relief, the following conditions would have to be fulfilled.

• You should be an Indian resident in the year the income is earned
• The income should be earned outside India
• The income should be taxable in a foreign country, and such tax should have been paid

Under the unilateral method, the income would be doubly taxed. and a deduction from the Indian income tax would be allowed. The rate of the deduction would be lower of the average tax in India or the average tax of the source country, whichever is lower. The average tax would be the tax paid divided by the total income multiplied by 100. If, both taxes are equal, the Indian tax rate would be allowed as a deduction.

How to claim DTAA benefits?

NRI needs to submit the below documents to avail benefit of lower rate of TDS under DTAA:

• Form 10F
• Tax Residency Certificate (TRC) in original
• Self Declaration from NRI
• Self attested copy of PAN Card
• Self attested copy of Passport and VISA/PIO Card

All the above documents are mandatory to avail benefit of reduced rate of TDS under DTAA.

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