The Double Taxation Avoidance Agreement (DTAA) is a tax treaty signed between India and the United States (USA) to help taxpayers avoid paying double taxes on the same income. This agreement fosters economic cooperation and provides relief from the burden of double taxation for residents of both countries.
Key Features of the DTAA between India and the USA
Income from Immovable Property: Income derived from immovable property is taxed in the country where the property is located.
Business Profits: Business profits are taxable in the country where the enterprise carries out its activities, provided there is a permanent establishment (PE) in that country. If not, the income is taxed in the country of residence.
Capital Gains: Generally taxable in the seller's country of residence, but gains from immovable property sales can be taxed in the country where the property is located.
Dividends, Interest, and Royalties
Dividends can be taxed in both countries, but the tax rate is limited by the treaty.
Interest is taxed in both countries with a limited tax rate.
Royalties and Fees for Technical Services are taxed in both countries, with limited rates per the treaty.
Independent and Dependent Personal Services
Independent Personal Services are taxable only in the service provider's country unless there is a fixed base in the other country.
Dependent Personal Services (salaries, wages) are taxable in the country of residence unless the employment is in the other country.
Elimination of Double Taxation: Both countries provide relief through tax credits, allowing taxpayers to avoid double taxation.
Exchange of Information: Provisions for information exchange prevent tax evasion and assist in enforcing domestic tax laws.
Impact on Taxpayers
The DTAA reduces withholding tax rates, provides tax credits, and offers clear guidelines on tax treatment, promoting cross-border trade and investment. This agreement benefits businesses and the economy of both nations by ensuring a favorable environment for economic growth and development.