09 September 2009
The assessee is a Corporate assesse and having subsidiary company in UK . The assesse has charged interest to subsidiary on unsecured loans give to it . The Company in UK has deducted Withholding Tax on the ineterest amount and deposited it to Govt uk and given net credit to holding company. Whether The holding Company in India will get credit of such with holding tax and what is the formalties to get credit of it
20 July 2024
Yes, the holding company in India can potentially claim credit for the withholding tax deducted in the UK on the interest income received from its subsidiary. Here’s a detailed explanation of how this works and the formalities involved:
### Claiming Credit for Withholding Tax in India:
1. **Double Taxation Avoidance Agreement (DTAA)**: - India has entered into Double Taxation Avoidance Agreements (DTAA) with various countries, including the UK. These agreements aim to avoid double taxation of income that arises in one country and is paid to residents of another country. - DTAA provisions typically allow for the credit of withholding tax paid in the source country (UK, in this case) against the tax liability in the resident country (India).
2. **Conditions for Claiming Credit**: - The holding company in India must satisfy certain conditions to claim credit for the withholding tax: - **Residency**: The holding company must be a tax resident of India as per Indian tax laws. - **Income Eligibility**: The income (interest income in this case) on which withholding tax is paid must be taxable in India. - **Compliance**: The holding company should have documentary evidence of the withholding tax deduction, such as a withholding tax certificate or statement from the UK subsidiary.
3. **Formalities to Claim Credit**: - **Tax Return Filing**: The holding company should report the interest income received from the UK subsidiary in its Indian income tax return. - **Claiming Credit**: While filing the tax return, the holding company can claim credit for the withholding tax deducted in the UK. - **Documentation**: Attach supporting documents, such as Form 26AS (which shows TDS details), withholding tax certificate issued by the UK subsidiary, and evidence of payment of taxes in the UK.
4. **Procedure**: - Obtain a withholding tax certificate or statement from the UK subsidiary showing the amount of tax withheld. - Report the interest income and the withholding tax credit in the Indian income tax return (ITR). - Calculate the tax liability in India after considering the credit for withholding tax paid in the UK. - Ensure compliance with all Indian tax regulations and guidelines for claiming foreign tax credits.
### Importance of DTAA:
- DTAA ensures that the income taxed in the UK (through withholding tax) does not face additional taxation in India. - The credit mechanism under DTAA promotes international trade and investment by preventing double taxation and facilitating ease of doing business between countries.
### Conclusion:
The holding company in India can claim credit for the withholding tax deducted by its UK subsidiary on the interest income paid. Ensure compliance with DTAA provisions, gather necessary documentation, and accurately report the income and credits in the Indian tax return to effectively claim the credit for withholding tax paid in the UK. Consulting with a tax advisor or chartered accountant familiar with international tax laws can provide tailored guidance based on your specific circumstances and ensure compliance with both Indian and UK tax regulations.
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