Double Taxation Avoidance Agreement India With Us

Any Contracting State may tax capital gains under the national law in force, with the exception of shipping and airline companies. In other words, in general, capital gains are subject to taxation, based on the national laws of the country. For example, if a U.S. citizen, say Miss J, sells Indian real estate, the property is taxable under Indian law. 2. Without prejudice to paragraph 1, remuneration received by a worker established in a Contracting State for employment in the other Contracting State shall be taxable only if: 3. Without prejudice to the abovementioned provisions of this Article, the term “permanent establishment” shall not be considered to be one or more of the following provisions: 4. Without prejudice to paragraphs 1 and 2 below, a person, with the exception of a representative having an independent legal status to whom paragraph 5 of this Article applies, applies in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be considered to be a permanent establishment in that State if: 4. The concept of “interest” means, in the event of a delay in this Convention, whether or not it is secured by a mortgage and whether it has a right: to participate in the profits of the debtor, in particular income from government securities and income from bonds or bonds, including premiums or prices related to such securities, bonds or bonds. Default interest shall not be regarded as interest within the meaning of the Convention. However, the term “interest” does not cover the income referred to in Article 10 (dividends).

5. Maintenance payments paid to a resident of a contact Member State may be taxed only in that State. The term “maintenance”, as used in this paragraph, means regular payments made on the basis of a written separation agreement or divorce order, separate maintenance or forced assistance, payments made to the beneficiary in accordance with the law of the State in which he is established. (j) “international traffic” means any carriage by ship or aircraft operated by an enterprise of a Contracting State, unless the ship or aircraft is operated exclusively between places within the other State Party; 5. If a company established in a Contracting State derives profits or income from the other Contracting State, that other State may not levy taxes on dividends paid by the company unless such dividends are paid to a State established in that other State or the holding for which the dividends are paid is effectively linked to a permanent establishment or to a fixed base. which are situated in that other State and the company`s retained profits are subject to tax on the company`s retained earnings, even if the dividends paid or the retained earnings consist in whole or in part of profits or income generated in that other State. 5. For the purposes of this Article, interest on funds related to the operation of ships or aircraft in international traffic shall be considered as profits from the operation of such ships or aircraft, and the provisions of Article 11 (interest) shall not apply to such interest. 6. Periodic payments for the maintenance of a minor child who, under a written separation agreement or divorce order, separate maintenance or maintenance obligation paid by a person established in a Contracting State to a resident of the other Contracting State, may be taxed only in the first-mentioned State. b. the term “United States”, when used in the geographical sense of the term, means the entire territory of the United States of America, including its territorial sea, where the united States tax laws are in force, and the entire territory outside its territorial sea, including the seabed and subsoil, which falls under the jurisdiction of the United States under international law and where the united States tax laws are in force.

Force applies; b. . . .