Nearly three months after Cabinet approved signing of revised DTAA with
Cyprus, India has now signed a new double tax avoidance pact with this
Island nation, which is a popular tax haven.
The Protocol for the revised agreement -- which will replace the
existing agreement signed by two countries in June 1994-- was signed in
Nicosia on Friday November 18,2016
It was signed by Ravi Bangar,High Commissioner of India to Cyprus, on
behalf of India and Harris Georgiades, the Minister of Finance on behalf
of Cyprus.
New Double Tax Avoidance Agreement (DTAA) provides for source based
taxation of capital gains arising from alienation of shares, instead of
residence based taxation provided under the existing DTAA. However, a
grandfathering clause has been provided for investments made prior to
1st April, 2017, in respect of which capital gains would continue to be
taxed in the country of which taxpayer is a resident.
Provisions of new DTAA will enter into force after the completion of
necessary internal procedures in both countries and is expected to come
into effect in India in respect of income derived in fiscal years
beginning on or after April 1, 2017, an official release said on Friday.
Cyprus was the only country to have been blacklisted by India as a
non-cooperative jurisdiction, due to lack of effective exchange of
information.
India and Cyprus had entered into a tax treaty in 1994, and are obliged
to exchange information. On November 1,2013, the Finance Ministry had
notified Cyprus as a non-cooperative jurisdiction following failed
discussions to secure the desired level of cooperation.
The new Agreement provides for Assistance between the two countries for
collection of taxes. The new Agreement also updates the provisions
related to Exchange of Information to accepted international standards,
which will enable exchange of banking information and allows the use of
such information for purposes other than taxation with the prior
approval of the Competent Authorities of the country providing the
information.
The new pact expands the scope of ‘permanent establishment’ and reduces
the tax rate on royalty in the country from which payments are made to
10% from the existing rate of 15%, in line with the tax rate under
Indian tax laws. It also updates the text of other provisions in
accordance with the international standards and consistent policy of
India in respect of tax treaties.
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