INDIA today signed Double
Taxation Avoidance Agreement (DTAA) with the Republic of Colombia for the
avoidance of double taxation and for the prevention of fiscal evasion with
respect to taxes on income.
The
DTAA provides that business profits will be taxable in the source State if the
activities of an enterprise constitute a permanent establishment in the source
State. Examples of permanent establishment include a branch, factory etc. Profits
of a construction, assembly or installation projects will be taxed in the State
of source if the project continues in that State for more than six months.
Profits
derived by an enterprise from the operation of ships or aircraft in international
traffic shall be taxable in the country of residence of the enterprise. Dividends,
interest and royalty income will be taxed both in the country of residence and
in the country of source. However, the maximum rate of tax to be charged in
the country of source will not exceed 5% in the case of dividends and 10% in
the case of interest and royalties. Capital gains from the sale of shares will
be taxable in the country of source.
The
Agreement further incorporates provisions for effective exchange of information
and assistance in collection of taxes between tax authorities of the two countries
in line with internationally accepted standards including exchange of banking
information and incorporates anti-abuse provisions to ensure that the benefits
of the Agreement are availed of by the genuine residents of the two countries.
The
Agreement will provide tax stability to the residents of India and Colombia
and facilitate mutual economic cooperation as well as stimulate the flow of
investment, technology and services between India and Colombia.
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