NRIeCA

DTAA

Understanding Capital Gains for NRIs in India: A Comprehensive Guide

Double Taxation Avoidance Agreement (DTAA)

Understanding DTAA:

DTAA, or Double Taxation Avoidance Agreement, is a treaty signed between India and another country to prevent individuals from being taxed on the same income in both countries. India has such agreements with numerous countries, outlining the taxation rights on various types of income. The primary goal is to encourage economic activities and prevent double taxation

Need for DTAA:

The need for DTAA arises to address the challenge of individuals facing taxation in both the country where they earn income and the country of their residence or citizenship. It aims to foster global economic activities, trade, and capital investment by providing clarity on taxation rights

Modes for Claiming DTAA Benefits:

  1. Exemption Method:
    • Eligible income earned in India by a non-resident taxpayer is exempt from tax in India.
    • Taxable in the taxpayer’s country of residence.
    • Requires a tax residency certificate from the taxpayer’s country.
  1. Tax Credit Method:
    • Applicable when income is taxable in both India and the taxpayer’s country of residence.
    • Tax paid in India credited against taxes payable in the other country.
    • Requires a tax residency certificate and other relevant documents.

 Documents Required for Claiming DTAA Benefits: To claim DTAA benefits, taxpayers need to provide:

Documents Required for Claiming DTAA Benefits: To claim DTAA benefits, taxpayers need to provide:

Documents required  for Claiming DTAA Benefits:

To claim DTAA benefits , taxpayer need to provide :

  • Form 10F submitted online on the Income Tax portal.
  • Self-attested PAN card copy.
  • Tax residency certificate.
  • Tax returns and other financial documents.

Tax Residency Certificate (TRC):

For claiming tax treaty benefits, an NR must obtain a TRC, declaring their residency in the specified territory. The government has specified a form for self-declaration of relevant details

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Frequently Asked Questions

Section 90 deals with provisions related to the avoidance of double taxation for countries with DTAA, while Section 91 pertains to taxpayers in countries without a DTAA with India.

Salaries, capital gains, income from house property, and income from savings or fixed deposits are among the types of income covered by DTAA.

No, DTAA agreements are dynamic, and provisions vary for each country.

Yes, DTAA includes the sharing of vital taxpayer information among partner countries to prevent double taxation and tax evasion.

As an NRI tax expert, NRIeCA offers comprehensive services to assist NRIs in understanding and benefiting from DTAA provisions, ensuring smooth compliance with international taxation regulations.

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