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COUNTRIES HAVING DTAA AGREEMENT

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)

20 November 2010

Countries having
Double Taxation Avoidance Agreement (DTAA)
with Government of the Republic of India

Armenia
Australia
Austria
Bangladesh
Belarus
Belgium
Brazil
Bulgaria
Canada
China
Cyprus
Czech Republic
Denmark
Egypt
Finland
France
Germany
Greece
Hashemite Kingdom of Jordan
Hungary
Iceland
Indonesia
Israel
Italy
Japan
Kazakstan
Kenya
Korea
KUWAIT
Kyrgyz Republic
Libya
Malaysia
Malta
Mauritius
Mongolia
Morocco
Namibia
Nepal
Netherlands
New Zealand
Norway
Oman
Philippines
Poland
Portuguese Republic
Qatar
Romania
Russia
Singapore
Slovenia
South Africa
Spain
Sri Lanka
Sudan
Sweden
Swiss Confederation
Syria
Tanzania
Thailand
Trinidad and Tobago
Turkey
Turkmenistan
UAE
UAR (Egypt)
UGANDA
UK
Ukraine
USA
Uzbekistan
Vietnam
Zambia

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10 Replies

TARUN KUMAR (SR.MANAGER) (38 Points)
Replied 01 December 2010

Please provide notification copy of DTAA between India and Myanmar.Please also advise if an indian company (say "X") performs contractual work at Myanmar for only one year, do income tax implied by client from myanmar and if yes, then what is the benefit the X company can avail in India with the exception the X co. do not have any registered office at Myanmar except small project office.please advise.

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Manoj BG (Tax Professional and in Service) (1795 Points)
Replied 01 December 2010

Hi,

Notified copy of DTAA agreement /notice_circulars/dtaa-between-india-and-union-of-myanmar-2068.asp

Regards,

Manoj

TARUN KUMAR (SR.MANAGER) (38 Points)
Replied 01 December 2010

Thanks Manoj,

pls also reply on the second part of my querry.

"Please also advise if an indian company (say "X") performs contractual work at Myanmar for only one year, do income tax implied by client from myanmar and if yes, then what is the benefit the X company can avail in India with the exception the X co. do not have any registered office at Myanmar except small project office.please advise.

Manoj BG (Tax Professional and in Service) (1795 Points)
Replied 01 December 2010

Whether myanmar can levy the tax is depend upon the Income tax act of myanmar. SO u dotn worry abt that. U only have to what benefit u would get even Myanmar levies tax on ur income.

However, w e.f. 01.04.2010, India entered into DTAA agreement with Myanmar, thus if Indian comapny pays tax in Myanmar as per the income tax in force in Myanmar, The indian company is very much take the benefit of such tax paid in Myanmar as if such tax in paid in India and such tax shall be deemed to be tax paid by indian company to indian government.

Regards,

Manoj

TARUN KUMAR (SR.MANAGER) (38 Points)
Replied 01 December 2010

Thanks Manoj once again.

Related to my querry, if X indian company is not registered in Myanmar since project work is only for one year and later shut down their business after project completion then in that case if tax deducted by client from Myanmar say 3.5% on billing then how the benefit can be availed by the X indian company in India.(Note receivables in this case are collected in india).

Pls advise urgently taking in concern " x company operated by only project office and not by registered office in overseas due to limitation of completion of contract.

Regards,

Tarun

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Manoj BG (Tax Professional and in Service) (1795 Points)
Replied 01 December 2010

Dear tarun,

An indian company is a company which is registered in India under the compacnies act, 1956 or some eartstwhile act existing in india therebefore.

For companies, it either be resident or non resident. Indian company would always be resident in india as per Income Tax Act, 1961. Further for Residents, all the global income would become taxable in india. Thus, even if the service provide outside india for certain period and irrespective of location of its receipts, all global income of indian company would always become taxable in india. Thus, this is first clarification. Thus, u have to consider that as income for calculating india income tax.

Secondly, U can take the benefit of Tax paid in Myanmar as if such tax is paid in india. Means, u first calculate ur Tax payable and then deduct therefrom Advance tax paid (if any) and TDS (including TDS deducted by the party outside india under the DTAA agreements).

Regards,

Manoj

TARUN KUMAR (SR.MANAGER) (38 Points)
Replied 01 December 2010

thanx Manoj,

that means if we billed to our client overseas for say USD100 and client remit to us in India for work performed in overseas after TDS say USD 3 then USD 3 will be first compared with tds on sub contractor in india say USD 2 and so diff of excee tds i.e. USD1 can be availed for refund and vice versa.

pls confirm for more clearity.

Regards,

Tarun

TARUN KUMAR (SR.MANAGER) (38 Points)
Replied 01 December 2010

the above is with the exception that no tds deducted by the indian co working overseas on its sub-contractor. regds

sheetal nirvan (accountant) (21 Points)
Replied 29 March 2011

hi,,,,,m sheetal ,,,,,i wnat to do my proejct report on double taxation avoidance agreement,,if u have any material regarding that,,can u pls snd me,,,,,,,

Anant Jhawar (Director) (22 Points)
Replied 22 July 2011

Dear Mr Manoj,

We are a Indian company registered under the Indian Companies act.We have recently entered into execution of supply contract with Myanmar Railways.Myanmar Railways are deducting withholding Tax 3.5% from our Supply bills .We are attaching herewith the letter issued by Myanmar Railways in respect to withholding tax deducted by them.We would like to know that whether we will can claim refund of withholding tax in India from Income Tax department at the time of filing of Income Tax return.

Regards

Anant Jhawar

9830622602.

Attached File : 610796 777958 picture.pdf downloaded: 178 times

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