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What is Double Taxation Avoidance Agreement (DTAA)?

Source: enterslice.com

Every individual needs to work and earn a living. However, paying taxes in both the residence country and the country where one works can be pretty challenging.

To remove such issues, the Double Taxation Avoidance Agreement was signed between India and 85 countries.

It allows NRIs with jobs in other countries to avoid double taxation on the income earned in India and resident countries. Keep scrolling to learn more about this agreement.

What Does DTAA Mean?

DTAA or Double Taxation Avoidance Agreement is an agreement that India signed with 85 other countries to avoid levying taxes twice on the same income.

This provision helps taxpayers accumulate income savings by paying the tax in only one country. DTAAs can be comprehensive in many countries.

The tax structure usually depends on the type of employment or business of a  citizen in a specific country. The common categories include salary, services, capital gains, fixed deposit earnings, property, investment, etc.

This DTAA was formed due to the disparity in the collection of tax on a global scale. For instance, an individual who plans to run an enterprise in another country is forced to pay double taxes. He/she has to pay taxes in his home country as well as his country of income.

For a new entrepreneur, this can be straining in terms of funds and savings.

Even if an individual has shifted to another country and has deposits in India, they can incur interest in both countries as global income. Here, DTAA comes to the rescue.

Apart from learning DTAA meaning, individuals should check the benefits for a detailed understanding of the concept.

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What Are the Benefits of Double Taxation Avoidance Agreement (DTAA)?

Individuals can avail multiple benefits against this agreement. Some of the common benefits of double taxation agreement, including non-payment of double taxes, are-

  • Tax credits
  • Tax exemption
  • Lower TDS or withholding tax
  • It minimises the tax evasion for individuals in both countries who have signed bilateral DTAA agreement

This agreement reduces the withholding tax or lowers DTAA TDS rates on dividend incomes in India.

For instance, capital gains tax is absolved in Cyprus, Egypt, Mauritius, Singapore, etc. This reduces the taxes in general.

Let’s check what are the documents required to gain DTAA benefits without hassle.

List of Documents Required for Claiming DTAA Benefits

NRI’s are obligated to submit the mentioned documents to gain benefits and provisions laid under DTAA. 

These papers are-

  • Indemnity or self-declaration form
  • Tax Residency Certificate
  • PAN card copy (self-attested)
  • Self-attested visa
  • Passport xerox(self-attested)
  • PIO proof copy  

Apart from the mentioned documents, an individual is obligated to submit the Tax Residency Certificate to a deductor to be eligible to claim benefits under this DTAA agreement.

They have to submit Form 10FA to apply for a Tax Residency Certificate under sections 90A and 90 of the Income Tax Act.  After successful verification and processing of the application, the certificate will be issued under Form 10FB.

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What Are the DTAA Rates?

The DTAA rate chart and its rules vary in different countries. This factor usually depends on the agreement signed between the countries.

Here, the TDS rates applicable on interests earnings can range between 10% to 15%. The levied rates can range up to 15%.

In this regard, individuals should check the rates specified against the listed countries under DTAA India.

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List of Countries Who Signed the Double Taxation Avoidance Agreement

There are nearly 85 countries signed under the DTAA agreements with India. These countries have removed the obligations of paying double taxes.

The countries who have signed Double Taxation Avoidance  Agreement with India and their applicable rates are as follows -

Country DTAA Tax Rates
Austria 10%
Australia 10%
Armenia 15%
Bangladesh 10%
Belarus 10%
Belgium 15%
Botswana 10%
Canada 15%
Cyprus 10%
Bulgaria 15%
Brazil 15%
China 15%
Denmark 15%
Czech Republic 10%
Hashemite Kingdom of Jordan 10%
South Korea 15%
Egypt 10%
Ethiopia 10%
Germany 10%
Estonia 10%
Italy 15%
Finland 10%
Georgia 10%
France 10%
Greece 20%
Israel 10%
Hungary 10%
Indonesia 10%
Iceland 10%
Ireland 10%
Kyrgyz Republic 10%
Japan 10%
Kazakhstan 10%
Kenya 10%
Kuwait 10%
Libya 20-25%
Mauritius 7.50-10%
Lithuania 10%
Namibia 10%
Morocco 10%
Montenegro 10%
Myanmar 10%
Mozambique 10%
Netherlands 10%
New Zealand 10%
Oman 10%
Malta 10%
Malaysia 10%
Luxembourg 10%
Mongolia 15%
Norway 15%
Nepal 15%
Uzbekistan 15%
Zambia 10%
Vietnam 10%
Trinidad and Tobago 10%
Tajikistan 10%
Turkmenistan 10%
UAR (Egypt) 10%
Uganda 10%
Ukraine 10%
United Mexican States 10%
UK 15%
USA 15%
Tanzania 12.50%
UAE 12.50%
Thailand 25%
Syrian Arab Republic 7.50%
Turkey 15%
Sweden 10%
Swiss Confederation 10%
Sudan 10%
South Africa 10%
Sri Lanka 10%
Slovenia 10%
Saudi Arabia 10%
Russia 10%
Qatar 10%
Portuguese Republic 10%
Serbia 10%
Philippines 15%
Singapore 15%
Poland 15%
Romania 15%
Spain 15%

This is some essential information on the Double Taxation Avoidance Agreement. An individual can avoid paying double taxes by applying for this benefit.

However, individuals should know that a country may deduct tax at source and show tax paid through the foreign tax credit document.

Thus, the double taxation avoidance rules vary from country to country. It is essential to understand what DTAA means and read the terms between the concerned countries to find the TDS rate.

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Frequently Asked Questions

Is there a DTAA between Sri Lanka and India?

Yes, a DTAA was signed between Sri Lanka and India in 2013.

When does an NRI need to submit the documents for DTAA?

An NRI has to submit all the necessary documents at the start of every financial year to gain benefits under DTAA.