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............................................................................................................................. Description Notwithstanding the numerous amendments to law and torrent of precedents from the Courts in India and abroad, international taxation continues to be complex. Liability of non-resident is not always easily ascertainable. The task of taxpayers in India, who have to deduct tax at source or face such liability, when they undertake it on themselves is hard. Failure to deduct tax entails liability not only for tax but also interest with possible penalty with the added consequence of disallowance of the payment itself in computation of their taxable income. There is, therefore, onerous responsibility for any one involved in a cross-border transaction. When an activity takes place in more than in one country, knowledge as regards impact of Double Tax Avoidance Agreement is crucial for business decisions and for tax deduction at source. The expectation of Indian law for payment of advance tax and tax deduction at source has caused embarrassment for many an unwary overseas investor with some nexus with India. Most of these problems could be avoided with forethought and timely advice. Domestic law on non-resident taxation is needlessly complex as is evident from periodical and divergent circulars and number of disputes pending before hierarchy of appellate fora. Even Double Tax Avoidance Agreements intended to make the path of cross-border investors easy have given rise to conflicting interpretations. Tax incidence of e-commerce is replete with conflicting judgements. Transfer pricing, Fringe Benefits Tax and Service Tax have added new dimensions to international taxation. It becomes necessary to steer clear of all possible controversies. The authors, who were members of Indian Revenue Service and later Income-tax Appellate Tribunal and now consultants have had personal exposure to this branch of law from all angles. They had the benefit of considerable interaction with persons dabbling in this law besides familiarity with literature both Indian and Foreign. They have pooled their knowledge and experience and have shared all that they know about the subject unreservedly for the benefit of those in need of it. A handy book which is eminently readable and should be of use both as a reader and reference book. This fourth edition is thoroughly revised and updated with decision till date discussed, so as to make this book the most comprehensive treatise on Double Tax Avoidance Agreements and their impact on cross-border transactions. ............................................................................................................................. Contents Part 1 - Double Tax Avoidance Agreements 1. Historical Development of DTAA 2. Principles of Interpretation of Tax Treaties 3. Treaty override and Treaty abuse 4. Anatomy of Treaty Laws 5. An overview of the models 6. U.S. Model - An overview 7. Relief under Domestic Law 8. Some General Concepts 9. Pattern of Tax Law in India - An Overview 10. Residence as a concept in the Agreements 11. Business Connection 12. Permanent Establishment-I 13. Permanent Establishment-II 14. Permanent Establishment-III 15. Income from Immovable Property 16. Business Profits-I - General 17. Business Profits-II - Other Issues 18. Business Profits-III - Electronic Commerce 19. Shipping and Air Transport - Domestic Law in India 20. Shipping and Air Transport - Treatment in Treaties 21. Associated Enterprises 22. Transfer Pricing 23. Dividend 24. Treatment of Interest 25. Royalty and Technical Fees - Domestic Law 26. Royalty and Technical Fees - Treaty Law 27. Royalty and Technical Fees - Other Precedents 28. Royalty and Technical Fees - Illustrations 29. Capital Gains 30. Professional Income 31. Executive Compensation 32. Other Incomes - I 33. Other Incomes - II 34. Capital 35. Relief from Double Taxation 36. Non-discrimination 37. Mutual Agreement Procedure 38. Exchange of Information 39. Other Miscellaneous Provisions 40. Advance Ruling 41. Avoidance Agreements and TDS 42. DTAA - New Policies and New Problems Appendix 1. Double Tax Avoidance Agreement - Circulars 2. Referencer For Rate of DTAA Tax Subject-Index Part 2 - UN, US and OECD Models for Tax Treaties with Technical Explanation 1. OECD Model Double Taxation Convention, 2001 2. UN Model Double Taxation Convention, 2001 3. United States Model Income Tax Convention of September 20, 1996 4. United States Model Income Tax Convention of September, 1996 Part 3 - India’s Tax Treaties Comprehensive and Limited 1. Afghanistan (L) 2. Armenia (C) 3. Australia (C) 4. Australia (L) 5. Austria (C) 6. Bangladesh (C) 7. Belarus (C) 8. Belgium (C) 9. Brazil (C) 10. Bulgaria (C) 11. Bulgaria (L) 12. Canada (C) 13. China (C) 14. Cyprus (C) 15. Czec Republic (C) 16. Czechoslovakia (C) 17. Czechoslovakia (L) 18. Denmark (C) 19. Ethiopia (L) 20. Finland (C) 21. France (C) 22. Germany (C) 23. Germany (L) 24. Greece (C) 25. Hungary (C) 26. Indonesia (C) 27. Iran (L) 28. Ireland (L) 29. Israel (C) 30. Italy (C) 31. Italy (L) 32. Japan (C) 33. Jordan (C) 34. Kazakstan (C) 35. Kenya (C) 36. Korea (C) 37. Kuwait (L) Kuwait (C) 38. Kyrgyz (C) 39. Lebanon (L) 40. Libya (C) 41. Malaysia (C) 42. Malta (C) 43. Mauritius (C) 44. Mongolia (C) 45. Morocco (C) 46. Namibia (C) 47. Nepal (C) 48. Netherlands (C) 49. New Zealand (C) 50. New Zealand (L) 51. Norway (C) 52. Oman (C) 53. Oman (L) 54. Pakistan (L) 55. People's Democratic Republic of Yemen (L) 56. Philippines (C) 57. Poland (C) 58. Portugal (C) 59. Qatar (C) 60. Romania (C) 61. Romania (L) 62. Russian Federation (C) 63. Russian Federation (L) 64. Saudi Arabia (L) Saudi Arabia (C) 65. Singapore (C) 66. Slovenia (C) 67. South Africa (C) 68. Spain (C) 69. Sri Lanka (Ceylon) (C) 70. Sudan (C) 71. Sweden (C) 72. Switzerland (C) 73. Switzerland (L) 74. Syria (Syrian Arab Republic) (C) 75. Tanzania (C) 76. Thailand (C) 77. Trinidad and Tobago (C) 78. Turkey (C) 79. Turkmenistan (C) 80. United Arab Emirates (L) 81. United Arab Emirates (C) 82. United Arab Republic (C) 83. Uganda (C) 84. Ukraine (L) 85. United Kingdom of Great Britain (C) 86. United Kingdom of Great Britain (L) 87. United States of America (C) 88. United States of America (L) 89. Uzbekistan (C) 90. Vietnam (C) 91. Yemen arab republic (L) 92. Zambia (C) 93. Saudi Arabia (C) 94. Kuwait (C) ............................................................................................................................. Author Details S. Rajaratnam, M.A., LL.M., F.I.C.W.A., formerly of Indian Revenue Service, retired as Accountant Member of Income-tax Appellate Tribunal in 1985. During his service, he was deputed to Srilanka as Tax Expert in 1960-62 and to Government of Tamilnadu as Member, Sales-tax and Agricultural Income-tax Appellate Tribunals in 1971 -75. He has authored several books and is a regular contributor for tax journals including a weekly column Tax Forum' for the daily "The Hindu", a fortnightly column "Rajaratnam's Corner" for Consolidated Commercial Digest (ITR), a monthly column "Reader's Forum" for Corporate Law Cases (AIR) and a bi-monthly column "Landmark Cases" for Income-tax Reports (ITR). He has revised "Sampath lyengar's Law of Income Tax" 10th Edition, and has authored several books including "Landmark Cases", "Tax Management" and "Tax Valuation" published by Company Law Institute of India Pvt Ltd. Chennai. His other books published by Snow White Publications Pvt. Ltd. Mumbai are "MAT", besides "Charities" co-authored by him, which have all run into several editions. B.V. Venkataramaiah, M.Sc., B.G.L., was a faculty in University of Mysore till July, 1951 before joining Indian Revenue Service (Income-tax) in 1951. He worked at various places, Bombay, Calcutta, Hyderabad, Salem and Madras in various capacities. He was Commissioner of Income-tax at Calcutta when he was appointed as Member, Income-tax Appellate Tribunal in January 1980, till his retirement on 31.10.1986. He is presently settled at Bangalore. He writes for newspapers and tax journals. He and the co-author of this book have also co-authored "Tax Planning" published by Bharat Law Publications, Jaipur. .............................................................................................................................
