Dear Sir / Madam
While we ( The company ) making the payment to Germany for providing scientific analitical charges ( Technical study ) , which article is applicable as per DTA ? ( Note : In the India with Germany agreement Article 7 , 12 , 14 has dealt with technical services ) which one is apprapriate in our case ?
( The payment received by a person who is Individual in Germany and he has no estabilshment in india )
vishnupriya
(CA Final)
(1418 Points)
Replied 10 August 2011
Article 12 is applicable as Fees for technical services are specifically mentioned....
CA. Anuj Gupta
(Practices in NRI Int.Tax FEMA TP FDI/FIPB & FCRA)
(7024 Points)
Replied 10 August 2011
Article 14 shall be applicable in the present case . The same is reproduced below:
Income derived by an individual who is a resident of a Contracting State from the performance of professional services or other independent activities of a similar character shall be taxable only in that State except in the following circumstances when such income may also be taxed in the other Contracting State :
(a) if he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities, in that case, only so much of the income as is attributable to that fixed base may be taxed in that other State ; or
(b) if his stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 120 days in the relevant fiscal year; in that case, only so much of the income as is derived from his activities performed in that other State may be taxed in that other State.
2. The term professional services includes independent scientific, literary, artistic, educational or teaching activities, as well as the independent activities of physicians, surgeons, lawyers, engineers, architects, dentists and accountants.
Anuj
+91-9810106211
femaquery @ gmail.com
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