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How NRIs Can Use DTAA to Prevent Double Taxation

Learn How to Resolve Double Taxation Issues using DTAAs and save on taxes related to Foreign Income.

2022-08-21

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4 minutes read

Taxation, while being an essential part of any economy, is not looked at quite favourably by many people which leads to a lot of efforts on their part to avoid taxation. If you are tempted to ever default on your taxes, remember that the taxes charged are for the benefit of yourself and your fellow citizens.

Taxes are what allows the government to effectively and efficiently provide for amenities and public services, and especially provide subsidised rates for many essential goods and services. However, tax rates are levied on the basis of a number of factors of which the most significant factor is your income. Regardless of the source of your income, you will be taxed according to the total income you generate as a sum of your salary, returns on your investment and even the amount you receive as rent on any property.

Indian citizens who may be living abroad, earning an income and paying their taxes abroad will often have a question regarding what is double tax and whether it affects them. Double taxation refers to when a person pays taxes twice to the government on the same income. However, double taxation is not levied by the government and can easily be avoided by individuals as long as they take the necessary steps.

The most important thing to do is to keep your investments in order, and understand the source and amount of your income. One of the best instruments you could invest in and also avoid double taxation include the Invest4G Plan, available on Canara HSBC Life Insurance. Through this Unit Linked Insurance Plan (ULIP), you can invest across 8 different funds and utilise 4 different portfolio strategies to ensure high returns. Additionally, the beauty of a ULIP lies in its ability to act both as an insurance cover and an investment instrument.

The Indian government is serious about not making its citizens pay double taxes. If you have ever wondered about what is double tax, rest assured that your government has already ensured you don’t have to pay it. The government has signed the Double Taxation Avoidance Agreement (DTAA) with 80 countries, which allows it to protect its citizens residing and working abroad.

This Agreement is especially helpful for citizens who earn income from more than one country. For instance, you may have a job in the U.S. but you might have property from which you are earning rent back in India. To avoid double taxation and receive benefits under the DTAA, it is important to understand the different types of income on which it is applicable. Read on to learn which are the sources of income from which NRIs are exempted from paying taxes twice:

  1. Any salary accrued provided in India
  2. Income generated through provision of services within India
  3. Rent from any property located in India
  4. The capital gains made through the transfer of any assets within India
  5. Income earned through interest on any fixed deposits made in India
  6. Income from any savings bank account in India

However, it is important to note that income from these sources is exempt under DTAA only if the citizen is paying taxes on these sources of income in their resident country.

Aside from the basic benefit of not being taxed twice, the DTAA ensures the following other benefits as well: 

  • Lower withholding tax is applicable owing to the DTAA, and this helps taxpayers as it significantly lowers the Tax Deducted at Source (TDS) that is payable on their royalty, interest or even dividend income in India.
  • Tax credits are applicable on citizens through DTAAs signed with some of the countries.
  • The DTAA also allows taxpayers to be exempt from certain taxes. For instance, taxpayers are exempted from paying capital gains tax through DTAAs signed with certain countries such as Singapore, Cyprus, Mauritius and Egypt.

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To get any of these benefits, though, it is necessary to submit certain financial documents by the due date provided in every financial year.

Read on to learn more about these documents:

  1. Form 10F: Form 10F is a tax residency certificate as well as a self-declaration that can be made by individuals to the entity or authority that is responsible for deducting TDS. Form 10F can be downloaded online.
     
  2. Tax Residency Certificate (TRC): Once you have Form 10F, you can obtain a TRC from the relevant governmental body that deals with taxation matters.
     
  3.  PAN Card:It is necessary to submit details of your Permanent Account Number (PAN) in order to avail benefits and exemptions under DTAA.

DTAA is very helpful for ensuring you do not lose out on the income you make through different investments.

Disclaimer - This article is issued in the general public interest and meant for general information purposes only. The views expressed in this blog are solely those of the writer and do not necessarily reflect the official policy or position of Canara HSBC Life Insurance Company Limited or any affiliated entity. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained in the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You should consult with a qualified professional regarding your specific circumstances before taking any action based on the content provided herein.

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