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Interpretation of Tax Treaties (DTAA)

Course - Introduction

About the Course (1:32)

Article 1- Person covered

1. Need for a tax treaty in International Trade- Part 2 (2:51)
1B. Need for a tax treaty in International Trade
2. What is a Tax Treaty (3:41)
3. Various Models of Tax Treaties- UN, OECD and US Model (2:55)
4. What are the key considerations for the Contracting Countries at the time of ent (2:19)
5. Contents of a Tax Treaty- Various Clauses (3:38)
6. Consideration of tax treaties- Not only tax (4:13)
7. Provision of Income Tax Act, 1961 vs. Tax Treaty - Section 90(2) (5:39)
8. General provisions of Tax Treaty (5:35)
9. Subsequent amendment of it act, 1961 (3:31)
10. Impact of subsequent amendment of Income Tax Act, 1961 on earlier tax Treaties (1:43)
11. Impact of subsequent amendment of Income Tax Act, 1961 on earlier tax Treaties (3:43)
12. Withholding tax- Governing rules vis a vis Tax Treaties (4:32)
13. Interpretation of Treaties- Liberal or Strict (1:54)
14. Tools for Interpreting Treaties - Protocol, Technical Expalnations, Commentaries (3:10)
15. Vienna Convention on Law of Treaties as an aid to Treaty Interpretation (2:53)
16. Purpose of Model commentaries - OECD and UN Model (2:50)
17. Purpose of Model commentaries & India's stand on OECD Commentary (4:14)
19. India_s stand on UN Model Convention and Commentary (1:48)
20. Other aids for interpreting treaties (2:58)
21. Different views by two contracting states (3:23)
22. Interpretation of "words" used in Treaty - Treaty definition vs Income Tax Act, (2:09)

Article 2- Taxes Covered

1. What are the taxes which are covered in Tax Treaty under (6:57)
2. Understanding draft Article 2 of India- Netherlands and India- USA Treaty (9:24)
3. Key Features and Coverage of Article 2 relating to taxes (2:36)
4. What is regarded as Taxes on income and on capital (7:47)
5. Key feature of article 2(2) of India USA Treaty (0:55)
6. Article 2(3) - Specific countrywide taxes which are covered (4:29)

Article 4- Residence

1. Concept of Residence and its importance in Tax Treaties (7:28)
2. Who are Resident - Article 4(1) (6:43)
3. Reasons of being liable to tax in a Country, which should be satisfied to become a resident (1:55)
4. Sovereign Funds and Collective Investment Vehicles - Tax residency (4:44)
5. Meaning of the Term Resident and Person (2:38)
6. Interplay of Article 4(1) and Income Tax Act 1961 (2:07)
7. Liable to tax therein - Person who are not taxable (15:10)
8. Proof of being a resident of a Contracting State (3:14)
9. Article 4(2) - Tie breaker Rule in case of an individual (6:34)
10. Permanent Home, centre of Vital Interest, Habitual abode and Nationality (6:26)
11. Article – 4(3) – tie breaker rule – person other than an individual (7:37)

Article 5 - Permanent Establishment

1. Understanding the Basics of Permanent Establishment and Business connection and there relevance (5:02)
2. Concept of Business Connection and Permanent Establishment under the Income Tax (7:57)
3. Characteristics of Permanent Establishment and key components of the Presentation (5:47)
4. Scheme of Article 5 - What all is covered (3:48)
5. Article 5(1) - Fixed Place of Business (14:25)
6. Meaning of "Business carried on by the PE" and certain Case studies on PE (5:31)
7. Article 5(2) - Inclusion in PE - Construction and Installation PE (16:37)
8. Service Permanent Establishment (6:40)
9. Auxilliary of Preparatory Activities (10:15)
10. Agency Permanent Establishment - Dependent Agent (14:07)
11. Habitually securing orders in the Source State for NR (4:05)
12. Article 5(5) Independent Agent (8:30)
12B (2:01)

Article 6- Income from Immovable Property

1. What is taxable under Article 6 - Immovable Property (3:17)
2. Right of India and Treaty partner to tax income from Immovable Property (4:05)
3. KEY ISSUES IN ARTICLE 6(1) - location OF property, meaning of income (4:08)
4. Meaning of immovable property and Property used for providing Independent Personal Services (4:04)
5. Computation of income from immovable property (0:56)

Article 7- Taxation of Business Profits

1. Article 7 Business Profits - Steps to be followed for ascertaining applicability of Article 7 (9:04)
1A. Structure of various clauses covered under Article 7 of the India USA Treaty (2:15)
2. Article 7(1) - Right of the Source State to ta Business Profits and which profits are taxable (8:26)
3. Turnkey contracts – activities in _ outside india (5:37)
4. Computing profits attributable to a PE under Article 7(2) (15:50)
5. ARTICLE 7(3) – INDIA USA TREATY – expenses allowed as a deduction and cross charges etc (12:19)
6. Mere purchase of goods by PE and attribution of income - Article 7(4 (3:11)
7. Profits from assets and activities of the PE - Article 7(5) (3:07)
8. ARTICLE 7(6) – INDIA USA TREATY – items dealt with in other article (2:25)
9. Meaning of business profits under Article 7 (7) (1:51)
10. Rule 10 of the IT Rules - Allocation of profits to NR (3:27)

Article 8 - Taxation of Shipping and Air Transport Profits

1. Article 8 - Shipping or Aircrafts - Right to tax and condition for taxation under Article 8 (10:03)
2. Understanding impact of Place of Effective Management in Taxation of Shipping and Airline Profits (3:32)
3. Conditions for applicability of Article 8 and exclusions thereon (2:55)
4. Engineering Services to other airlines - whether covered under Article 8 of India UK Treaty (2:06)
5. Article 8(2) – Meaning of Profits from operation of ships and aircrafts, Meaning of Inland Waterways (10:10)
6. Article 8(3) – India-us tax treaty Profit from containers (1:43)
7. Article 8(4) – profit from participation in a pool India-us tax treaty (2:14)
8. Article 8(5) – interest on funds connected with operations - India-us tax treaty (3:19)
9. Activities covered and excluded by Article 8 (2:31)

Article 9 - Associated Enterprise

1. What are Associated Enterprise (3:17)
2. Components of associated enterprise (2:19)
3. Associated Enterprise - Article 9 of India - Usa treaty (9:46)
4. Meaning of Control (1:09)
5. Case Study on Excessive expenditure disallowance under Article 9(1) (2:18)
6. Article 9 - Coorelative adjustments alongwith case studies and example (6:09)
7. Concept of Secondary Adjustment (2:43)
8. Associated Enterprises as per IT Act - Ownership, Loan, Guarantee of total borrowings (7:06)
9. AE - Part 2 (4:58)
10. AE Part 3 (4:15)

Article 10 - Dividend

1. Article 10 Dividend - Key aspects to be covered (4:57)
2. Meaning of Dividend (2:39)
3. Right to tax dividend, what is covered as dividend and meaning of dividend paid (9:39)
4. Right of Source State to tax - Part 1 - Conditions and examples on beneficial ownership (8:16)
5. Beneficial ownership and right to opt for provision of Income Tax Act, 1961 (6:21)
6. Meaning of Dividend - Article 10(3) (6:20)
7. PE or Fixed base and taxation of dividend - Article 10(4) (3:36)
8. Right to tax dividend declared by foreign company (5:07)

Article 11 - Taxation of Interest

1. Article 11 - Taxation of Interest and Various issues arising therein (8:20)
2. Article 11 (1) – Right of state of residence to tax interest (4:47)
3. Article 11(2) - Right of Source State to tax interest (5:55)
4. Beneficial ownership test and examples on conduit companies for interest income (5:50)
5. exemption in source state for certain interest (4:22)
6. Article 11(4) - What is covered as Interest (7:47)
7. Taxation of interest where the NR has a PE in India (6:35)
8. When shall interest be treated as Arising in India (5:09)
9. Taxation of excess interest paid to related party (4:49)

Article 12 - Royalty and Fee for Technical Services

1. Introduction to Royalty and Fee for Technical Services (2:00)
2. What topics are covered in this Course of Royalty and Fee for Technical Services (1:16)
3. Key Learning objectives of the Presentation (1) (7:26)
4. Royalty & FTS – Scenario of Taxability in India and Rights of India and Other Contracting State (7:11)
5. Beneficial Provision of the Treaty or Act - Which one are applicable ? (3:38)
6. Proof of Tax Residence of Non resident – Section 90(4)&90(5) (8:32)
7. Approach to ascertain Tax implications on Royalty _ FTS (0:57)
8. Approach to ascertain Tax implications on Royalty _ FTS and ascertaining withholding tax rates (9:34)
9. Section 9(1) - Charging provisions for taxation of Royalty (14:14)
10. Imparting of any information Classified as Royalty (5:43)
11. Royalty and FTS - When do they Arise in India (8:06)
12. Royalty for Transfer of all or any rights (8:03)
13. Royalty under Income Tax Act – Types of payments covered (11:26)
14. Scope of Total Income and Royalty & FTS (3:03)
15. Tax deductibility of Royalty in hands of Payer (3:01)
16. Article 12 (1) – India USA Treaty – Right of the state of residence to tax royalty (7:00)
17. Right to opt for tax rate under the Act for one Contract and under the Treaty for another (7:48)
18. Article 12(3) - Definition of Royalties (9:46)
19. Whether both Dry and Wet Lease amount to use of Equipment (1) (1:47)
20. Lease and Sale of Ship - Which one is Royalty (1:48)
21. Whether payment for use Copyright of literary, artistic or scientific work amounts to Royalty (2:49)
22. Royalty definition - Comparison of Act, OECD _ UN Model (4:01)
21. Article 12 (4) – India USA Treaty – fee for included services (7:23)
22. Concept of Make available and development and transfer of technical plans and designs (3:46)
23. Article 12 (5) – India USA Treaty – FIS exclusion (4:58)
24. Article 12(6) - Royalty and FIS effectively connected to a PE (13:37)
25. ARTICLE 12(6) - Where do royalty or FTS arise (8:08)
26. Article 12(8) - Excess Payments to related Enterprise (5:09)
27. Most Favored Nation Clause (MFN Clause) (3:53)

Article 13 - Capital Gains

1. Introduction to Article 13 Capital Gains (4:03)
2. Objectives of Presentation on Capital Gains (8:04)
3. Capital Assets covered under Article 13 (4:31)
4. Which Country has the right to tax Capital Gains ? (6:02)
5. Approach to be followed to ascertain Taxation of Capital gains (3:54)
6. Meaning of term "Alienation" (4:52)
7. Existence of PE of Transferor on Capital Gains arising from Alienation of Asset (5:07)
8. Minimum Alternate Tax (MAT) on Foreign companies deriving capital gains (4:16)
9. Capital gains on transfer of immovable property referred to in Article 13 (7:50)
10. Case Study on Sale of shares of Indian company owning immovable property and transfer of tenancy rights (2:05)
11. Article 13(2) - Transfer of Movable property forming part of the business property of the PE (9:07)
12. Article 13(3) - India – Netherlands – ships or aircraft operating in international traffic (6:28)
12B. Capital gains on transfer of ship (2:27)
13. Article 13(4) - Transfer of shares of a real estate company (8:41)
14. Article 13(5) - Alienation of any other property (3:43)
15. Factors not considered to be relevant while applying article 13(5) (6:39)
16. Capital gains on transfer of ship (2:27)

Article -14 - Independent Personal Services

1. Introduction to Article 14 - Independent Personnel Services and Interplay vis a vis Article 7 and 15 (5:59)
2. Right of State of Residence to tax income from Independent Personal Services
3. Applicability of Article 14 to non individuals (2:33)
4. Payments to Foreign Company for Artiste Services (1:50)
5. Inclusions and exclusions from Article 14 (4:05)
6. What is a Fixed Base and its examples (4:18)

Article - 15 - Dependent Personal Services

1. Introduction to Article 15 and difference with Independent Personal Services (3:53)
2. Provision of the Income Tax Act for Taxation of Salaries paid to Non Resident (5:49)
3. Right of the contracting states to tax employment income (8:57)
4. Taxation of Stock Option (9:42)
5. Short Stay exemption - DPS income taxable only in State of Residence (10:28)
6. Employment exercised aboard a ship or aircraft operating in International Traffic (1:39)

Article - 17 - Artistes and Sportsperson

1. What is covered by Article 17 (2:01)
2. Scope of taxation of an Artiste or Sportsperson (4:49)
3. Crtierion for services for Article 17 (2:35)
4. Who are covered as a Sportsperson or Entertainer (4:43)
5. Meaning of "Personal activities" for Article 17 (1:57)
6. Income covered under Article 17 and Allocation of Consolidated Income (3:27)
7. Certain issues in connection with Article 17 (4:42)
8. Income of Artiste accruing to a third person (6:02)
9. Triangular Cases - Application of correct Treaty (2:23)
10. Computation of Income for Article 17 in Source State - Mechanism (1:48)
11. Commission to Non resident for arraning artiste - Whether taxable under Article 17 (2:12)

Article-18 Pension and other remunearation

1. Scope of Article 18 - Pension and other similar remuneration (5:50)
2. Type of Pensions covered (1:04)
3. What is covered under Pension and other Similar Remuneration (1:54)
4. Pension Paid as Consideration for Past employment (2:10)
5. Non periodical payments for past employment - Article 18(2) (2:49)
6. Pension paid out of social security system of the State and menaing of annuity (3:57)

Article 19 - Government services

1. What income is covered under Article 19 (7:40)
2. What is meant by Government, State or local authority for purpose of Article 19 (5:06)
3. Right to tax with Foreign State if services rendered there, recipient is a resident (3:17)
4. Taxation of Pension paid by Government _ Remuneration and Pension paid by Government for Business carried on by it (5:04)

Article - 20 - Students

1. Who all are covered under Article 20 - Taxation of Students (3:35)
2. Conditions to claim exemption for taxation of students under Article 20 (5:31)
3. Resident for the purpose of Article 20 (3:57)
4. Income of students from Sources Outside the Host State (1:40)
5. Taxation & Purpose of visit of student (3:10)

Article 21 - Other Income

1. Applicability of Article 21 - Other Income (4:03)
2. Key characteristics of Other Income Article 21 (5:00)
3. Meaning and coverage of "Dealt with" to ascertain if income is taxable (4:00)
4. Taxability of income as other income when relevant clause absent - royalty (2:02)
5. Taxation of excess royalty payments to related party (3:27)
6. Taxation of other income attributable to the PE of the Non resident in India (3:52)
7. Right of India to tax Other income which arise in India (3:10)

Article 23 - Elimination of Double Taxation

1. Introduction to Article 23 - What is covered (4:01)
2. Applicability of article 23 - Losses in State of Residence and taxability (2:56)
3. Types of Relief from Double Taxation - Unilateral an Bilateral Relief (4:35)
4. Underlying credit and Tax Sparing (7:21)
5. Methods of Tax Credit - Exemption and Credit Method (5:50)
6. Article 25(1) of the India USA Treaty - Credit against the US taxes (7:28)
7. Article 25(2) of the India USA Treaty - Credit against the Indian taxes (7:11)
8. Article 25 (3) – India USA Treaty – Where does income arise (6:32)
9. Key controversies issues in claiming Foreign Tax credit (6:04)
10. How to claim credit for the taxes paid in Foreign country and Triangular Treaty cases (1:16)

Article - 24 - Non-Discrimination

Introduction_to_Non_Discrimination_and_Types_of_discrimination_under_Treaty (8:58)
Article_24(1)_-_Discrimination_based_on_Nationality (7:58)
Discrimination_to_a_PE (7:29)
Deduction_of_expenses_to_an_Indian_Company_-_Non_Discrimination (5:00)
Article_26_(4)_-_Discrimination_based_on_Indian_or_Foreign_ownership (4:14)
Article_26(5)_-_PE_tax_or_Limitation_on_deduction_of_expenses_under_Article_7(3) (1:03)
Examples_of_Non_Discrimination (1:24)

Article 25 - Mutual Agreement Procedure

What_is_Mutual_Agreement_Procedure_(MAP)_and_its_applicability_in_the_Treaty (7:01)
Implementation_of_MAP_under_Indian_domestic_laws (5:43)
Article_27(2)_and_Article_27(3) (7:15)
Developing_appropriate_Bilateral_and_Unilateral_procedure_for_making_MAP_work (6:12)
Arbitration_clause_in_Treaty_under_MAP (2:55)
Key_issues_and_challenges_for_MAP_and_following_application_in_subsequent_years (4:05)

Article 26 - Exchange of Information

Article_26_-_Exchange_of_Information_-_Introduction_and_Obligation_to_exchange (8:09)
Key_Characterstics_of_exchange_of_information (2:47)
Article_28_(1)_-_Use_and_Secrecy_of_information_obtained_under_EOI (7:49)
Article_28_(2)_-_Frequency_of_exchange_of_information_by_Contracting_States (3:21)
Article_28(3)_-_No_obligation_of_requested_state_to_provide_information (4:36)
Obligation_to_provide_information_requested_for_Requested_State (2:24)
Article_28_(5)_-_Taxes_covered_under_Article_26 (1:18)
Decline_banking_-_ownership_information_under_certain_circumstances_for_exchange (1:52)

Article 27 - Assisstance in Collection of taxes

Background_of_quotAssistance_in_Collection_of_Taxesquot (2:02)
Applicability_of_Article_on_Assisstance_in_Collection_of_Taxes (2:24)
Revenue_claim_ceases_to_exist_-_Article_28(8) (2:41)
Article_27(3)_-_Tax_to_be_collected_as_if_it_were_own_tax_of_other_Contracting (4:39)
Interim_Measures_of_conservancy_for_collection_of_Revenue_claim (4:11)
Priority_of_revenue_claim_India_Poland_Treaty_-_Article_28(6) (3:07)
Proceedings_before_courts_-_Article_28(7) (2:06)
Revenue_claims_that_a_Treaty_partner_shall_Assisst_in_Collection (4:45)
Non_obligation_of_other_Contracting_State_to_recover_revenue_claims (2:01)

Article - 28 - Diplomatic Mission

Taxation_of_Members_of_Diplomatic_Mission_and_Consular_Posts (11:59)

Article - 29 - Entry into Force

Entry_into_force_and_process_of_concluding_a_Treaty (4:48)
Entry_into_Force_-_India_US_Treaty_Effective_date_for_Treaty_and_impact (8:20)

Article 30 - Termination

Article_30_-_Termination (8:20)

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