Residents are allowed a credit against their Indian tax liability for income tax paid abroad on income arising abroad, which is doubly taxed, according to the terms of the provisions of the relevant tax treaty.
India has signed double tax avoidance agreements (DTAAs) with a majority of the countries and limited agreements with eight countries. The treaties provide for the income that would be taxable in either of the contracting states, depending on the understanding of the nations, and the conditions for taxing and the exemption from tax.
Below is a listing of the countries with which India has concluded DTAAs.
Albania | Israel | Qatar |
Armenia | Italy | Romania |
Australia | Japan | Russian Federation |
Austria | Jordan | Saudi Arabia |
Bangladesh | Kazakhstan | Serbia |
Belarus | Kenya | Singapore |
Belgium | Korea | Slovak Republic |
Bhutan | Kuwait | Slovenia |
Botswana | Kyrgyzstan | South Africa |
Brazil | Latvia | Spain |
Bulgaria | Libya | Sri Lanka |
Canada | Lithuania | Sudan |
China, People's Republic of | Luxembourg | Sweden |
Colombia | Macedonia | Switzerland |
Croatia | Malaysia | Syria |
Cyprus | Malta | Tajikistan |
Czech Republic | Mauritius | Tanzania |
Denmark | Mexico | Thailand |
Egypt | Mongolia | Trinidad and Tobago |
Estonia | Montenegro | Turkey |
Ethiopia | Morocco | Turkmenistan |
Fiji | Mozambique | Uganda |
Finland | Myanmar | Ukraine |
France | Namibia | United Arab Emirates |
Georgia | Nepal | United Kingdom |
Germany | Netherlands | United States |
Greece | New Zealand | Uruguay |
Hong Kong | Norway | Uzbekistan |
Hungary | Oman | Vietnam |
Iceland | Philippines | Zambia |
Indonesia | Poland | |
Ireland | Portugal |
For the purpose of claiming a tax treaty benefit, it is necessary for an NR to obtain a TRC of it being resident of the other country or specified territory. In this connection, as an additional requirement, the government of India has notified a specific form, wherein the person has to self-declare prescribed details.
India has entered into eight limited agreements for double taxation relief with respect to income of airlines/merchant shipping companies with the following countries:
Afghanistan | Lebanon | Peoples Democratic Republic of Yemen |
Ethiopia | Maldives | Yemen Arab Republic |
Iran | Pakistan |
The list of 21 countries with which India has entered into TIEAs for effective exchange of information relating to tax matters is given below.
Argentina | Cayman Islands | Macau, China |
Bahamas | Gibraltar | Maldives |
Bahrain | Guernsey | Marshall Islands |
Bermuda | Isle of Man | Monaco |
Belize | Jersey | Saint Kitts and Nevis |
British Virgin Islands | Liberia | San Marino |
Brunei Darussalam | Liechtenstein | Seychelles |
To eliminate social security implication in two countries on account of cross border relocation of employees, India has entered into SSAs with the following 20 countries:
Australia | Finland | Netherlands |
Austria | France | Norway |
Belgium | Germany | Portugal |
Brazil | Hungary | Quebec |
Canada | Japan | Sweden |
Czech Republic | Korea | Switzerland |
Denmark | Luxembourg |
Except for Brazil and Quebec, all SSAs are operational.