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Central Government notifies Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting

..... nvention to Implement Tax Treaty related Measures to Prevent Base Erosion and Profit Shifting (hereinafter referred to as the the said Convention ) was signed by India at Paris, France on the 7th day of June, 2017; And whereas, the said Convention entered into force on the 01st day of July, 2018, being the first day of month following expiration of three calendar months beginning on the date of deposit of the fifth instrument of ratification, in accordance with para 1 of Article 34 of the said Convention; And whereas, India had ratified the said Convention and had deposited the instrument of ratification along-with the list of Covered Tax Agreements, reservations and notifications (hereinafter referred to as India s Position under the said Convention ) to the Depositary as in Article 39 of the said Convention, on the 25th day of June, 2019; And whereas, the date of entry into force of the said Convention for India is the 01st day of October, 2019, being the first day of the month following the expiration of a period of three calendar months beginning on the 25th day of June, 2019 being the date of deposit by India of the instrument of ratification, in accordance with para 2 of Arti .....

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..... onised and efficient manner across the network of existing agreements for the avoidance of double taxation on income without the need to bilaterally renegotiate each such agreement; Have agreed as follows: PART I. SCOPE AND INTERPRETATION OF TERMS Article 1 - Scope of the Convention This Convention modifies all Covered Tax Agreements as defined in subparagraph a) of paragraph 1 of Article 2 (Interpretation of Terms). Article 2 - Interpretation of Terms 1. For the purpose of this Convention, the following definitions apply: a) The term Covered Tax Agreement means an agreement for the avoidance of double taxation with respect to taxes on income (whether or not other taxes are also covered): i) that is in force between two or more: A) Parties; and/or B) jurisdictions or territories which are parties to an agreement described above and for whose international relations a Party is responsible; and ii) with respect to which each such Party has made a notification to the Depositary listing the agreement as well as any amending or accompanying instruments thereto (identified by title, names of the parties, date of signature, and, if applicable at the time of the notification, date of entry .....

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..... to tax the residents of that Contracting Jurisdiction. 4. Paragraph 1 (as it may be modified by paragraph 3) shall apply in place of or in the absence of provisions of a Covered Tax Agreement to the extent that they address whether income derived by or through entities or arrangements that are treated as fiscally transparent under the tax law of either Contracting Jurisdiction (whether through a general rule or by identifying in detail the treatment of specific fact patterns and types of entities or arrangements) shall be treated as income of a resident of a Contracting Jurisdiction. 5. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4; c) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which denies treaty benefits in the case of income derived by or through an entity or arrangement established in a third jurisdiction; d) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 .....

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..... tituted and any other relevant factors. In the absence of such agreement, such person shall not be entitled to any relief or exemption from tax provided by the Covered Tax Agreement except to the extent and in such manner as may be agreed upon by the competent authorities of the Contracting Jurisdictions. 2. Paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement that provide rules for determining whether a person other than an individual shall be treated as a resident of one of the Contracting Jurisdictions in cases in which that person would otherwise be treated as a resident of more than one Contracting Jurisdiction. Paragraph 1 shall not apply, however, to provisions of a Covered Tax Agreement specifically addressing the residence of companies participating in dual-listed company arrangements. 3. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by requiring the competent authoriti .....

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..... Contracting Jurisdiction to a Covered Tax Agreement chooses a different Option (or where one Contracting Jurisdiction chooses to apply an Option and the other chooses to apply none of the Options), the Option chosen by each Contracting Jurisdiction shall apply with respect to its own residents. Option A 2. Provisions of a Covered Tax Agreement that would otherwise exempt income derived or capital owned by a resident of a Contracting Jurisdiction from tax in that Contracting Jurisdiction for the purpose of eliminating double taxation shall not apply where the other Contracting Jurisdiction applies the provisions of the Covered Tax Agreement to exempt such income or capital from tax or to limit the rate at which such income or capital may be taxed. In the latter case, the first-mentioned Contracting Jurisdiction shall allow as a deduction from the tax on the income or capital of that resident an amount equal to the tax paid in that other Contracting Jurisdiction. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income or capital which may be taxed in that other Contracting Jurisdiction. .....

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..... iction is exempt from tax in that Contracting Jurisdiction, such Contracting Jurisdiction may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital. 7. Paragraph 6 shall apply in place of provisions of a Covered Tax Agreement that, for purposes of eliminating double taxation, require a Contracting Jurisdiction to exempt from tax in that Contracting Jurisdiction income derived or capital owned by a resident of that Contracting Jurisdiction which, in accordance with the provisions of the Covered Tax Agreement, may be taxed in the other Contracting Jurisdiction. 8. A Party that does not choose to apply an Option under paragraph 1 may reserve the right for the entirety of this Article not to apply with respect to one or more identified Covered Tax Agreements (or with respect to all of its Covered Tax Agreements). 9. A Party that does not choose to apply Option C may reserve the right, with respect to one or more identified Covered Tax Agreements (or with respect to all of its Covered Tax Agreements), not to permit the other Contracting Jurisdiction(s) to apply Option C. 10. Each Party that ch .....

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..... n without creating opportunities for non-taxation or reduced taxation, whether that language is limited to cases of tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in the Covered Tax Agreement for the indirect benefit of residents of third jurisdictions) or applies more broadly. 5. Each Party shall notify the Depositary of whether each of its Covered Tax Agreements, other than those that are within the scope of a reservation under paragraph 4, contains preamble language described in paragraph 2, and if so, the text of the relevant preambular paragraph. Where all Contracting Jurisdictions have made such a notification with respect to that preamble language, such preamble language shall be replaced by the text described in paragraph 1. In other cases, the text described in paragraph 1 shall be included in addition to the existing preamble language. 6. Each Party that chooses to apply paragraph 3 shall notify the Depositary of its choice. Such notification shall also include the list of its Covered Tax Agreements that do not already contain preamble language referring to a desire to develop an economic relationship or to enh .....

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..... ent. The competent authority of the Contracting Jurisdiction to which a request has been made under this paragraph by a resident of the other Contracting Jurisdiction shall consult with the competent authority of that other Contracting Jurisdiction before rejecting the request. 5. Paragraph 4 shall apply to provisions of a Covered Tax Agreement (as it may be modified by this Convention) that deny all or part of the benefits that would otherwise be provided under the Covered Tax Agreement where the principal purpose or one of the principal purposes of any arrangement or transaction, or of any person concerned with an arrangement or transaction, was to obtain those benefits. 6. A Party may also choose to apply the provisions contained in paragraphs 8 through 13 (hereinafter referred to as the Simplified Limitation on Benefits Provision ) to its Covered Tax Agreements by making the notification described in subparagraph c) of paragraph 17. The Simplified Limitation on Benefits Provision shall apply with respect to a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply it. 7. In cases where some but not all of the Contracting Jurisdictions to a Covered Ta .....

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..... he Covered Tax Agreement if, at that time, the resident is: a) an individual; b) that Contracting Jurisdiction, or a political subdivision or local authority thereof, or an agency or instrumentality of any such Contracting Jurisdiction, political subdivision or local authority; c) a company or other entity, if the principal class of its shares is regularly traded on one or more recognised stock exchanges; d) a person, other than an individual, that: i) is a non-profit organisation of a type that is agreed to by the Contracting Jurisdictions through an exchange of diplomatic notes; or ii) is an entity or arrangement established in that Contracting Jurisdiction that is treated as a separate person under the taxation laws of that Contracting Jurisdiction and: A) that is established and operated exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals and that is regulated as such by that Contracting Jurisdiction or one of its political subdivisions or local authorities; or B) that is established and operated exclusively or almost exclusively to invest funds for the benefit of entities or arrangements referred to .....

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..... dent of a Contracting Jurisdiction to a Covered Tax Agreement shall be deemed to be conducted by such resident. 11. A resident of a Contracting Jurisdiction to a Covered Tax Agreement that is not a qualified person shall also be entitled to a benefit that would otherwise be accorded by the Covered Tax Agreement with respect to an item of income if, on at least half of the days of any twelve-month period that includes the time when the benefit would otherwise be accorded, persons that are equivalent beneficiaries own, directly or indirectly, at least 75 per cent of the beneficial interests of the resident. 12. If a resident of a Contracting Jurisdiction to a Covered Tax Agreement is neither a qualified person pursuant to the provisions of paragraph 9, nor entitled to benefits under paragraph 10 or 11, the competent authority of the other Contracting Jurisdiction may, nevertheless, grant the benefits of the Covered Tax Agreement, or benefits with respect to a specific item of income, taking into account the object and purpose of the Covered Tax Agreement, but only if such resident demonstrates to the satisfaction of such competent authority that neither its establishment, acquisition .....

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..... ach person; in any case, a person shall be connected to another if, based on all the relevant facts and circumstances, one has control of the other or both are under the control of the same person or persons. 14. The Simplified Limitation on Benefits Provision shall apply in place of or in the absence of provisions of a Covered Tax Agreement that would limit the benefits of the Covered Tax Agreement (or that would limit benefits other than a benefit under the provisions of the Covered Tax Agreement relating to residence, associated enterprises or non-discrimination or a benefit that is not restricted solely to residents of a Contracting Jurisdiction) only to a resident that qualifies for such benefits by meeting one or more categorical tests. 15. A Party may reserve the right: a) for paragraph 1 not to apply to its Covered Tax Agreements on the basis that it intends to adopt a combination of a detailed limitation on benefits provision and either rules to address conduit financing structures or a principal purpose test, thereby meeting the minimum standard for preventing treaty abuse under the OECD/G20 BEPS package; in such cases, the Contracting Jurisdictions shall endeavour to rea .....

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..... alone as an interim measure, it intends where possible to adopt a limitation on benefits provision, in addition to or in replacement of paragraph 1, through bilateral negotiation. b) Each Party that chooses to apply paragraph 4 shall notify the Depositary of its choice. Paragraph 4 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification. c) Each Party that chooses to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6 shall notify the Depositary of its choice. Unless such Party has made the reservation described in subparagraph c) of paragraph 15, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 14, as well as the article and paragraph number of each such provision. d) Each Party that does not choose to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6, but chooses to apply either subparagraph a) or b) of paragraph 7 shall notify the Depositary of its choice of subparagraph. Unless such Party has made the reservation described in subparagraph c) of paragraph 15, such notification shall also include th .....

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..... ovision described in paragraph 1 that is not subject to a reservation described in subparagraph b) of paragraph 3, and if so, the article and paragraph number of each such provision. Paragraph 1 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that provision. Article 9 - Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property 1. Provisions of a Covered Tax Agreement providing that gains derived by a resident of a Contracting Jurisdiction from the alienation of shares or other rights of participation in an entity may be taxed in the other Contracting Jurisdiction provided that these shares or rights derived more than a certain part of their value from immovable property (real property) situated in that other Contracting Jurisdiction (or provided that more than a certain part of the property of the entity consists of such immovable property (real property)): a) shall apply if the relevant value threshold is met at any time during the 365 days preceding the alienation; and b) shall apply to shares or comparable inter .....

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..... ments that already contain the provisions described in paragraph 5. 7. Each Party that has not made the reservation described in subparagraph a) of paragraph 6 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 1, and if so, the article and paragraph number of each such provision. Paragraph 1 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made a notification with respect to that provision. 8. Each Party that chooses to apply paragraph 4 shall notify the Depositary of its choice. Paragraph 4 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification. In such case, paragraph 1 shall not apply with respect to that Covered Tax Agreement. In the case of a Party that has not made the reservation described in subparagraph f) of paragraph 6 and has made the reservation described in subparagraph a) of paragraph 6, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 5, as well as the article and paragraph number of each such provision. Whe .....

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..... granting such benefits is justified in light of the reasons such resident did not satisfy the requirements of paragraphs 1 and 2. The competent authority of the Contracting Jurisdiction to which a request has been made under the preceding sentence by a resident of the other Contracting Jurisdiction shall consult with the competent authority of that other Contracting Jurisdiction before either granting or denying the request. 4. Paragraphs 1 through 3 shall apply in place of or in the absence of provisions of a Covered Tax Agreement that deny or limit benefits that would otherwise be granted to an enterprise of a Contracting Jurisdiction which derives income from the other Contracting Jurisdiction that is attributable to a permanent establishment of the enterprise situated in a third jurisdiction. 5. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 4; c) for this Article to apply only to its Covered Tax Agreements that already contain the provisions described in paragraph 4. 6. Each Par .....

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..... acting Jurisdiction against certain discriminatory taxation practices by that Contracting Jurisdiction; f) which allow residents of that Contracting Jurisdiction to request that the competent authority of that or either Contracting Jurisdiction consider cases of taxation not in accordance with the Covered Tax Agreement; g) which may affect how that Contracting Jurisdiction taxes an individual who is a resident of that Contracting Jurisdiction when that individual is a member of a diplomatic mission, government mission or consular post of the other Contracting Jurisdiction; h) which provide that pensions or other payments made under the social security legislation of the other Contracting Jurisdiction shall be taxable only in that other Contracting Jurisdiction; i) which provide that pensions and similar payments, annuities, alimony payments or other maintenance payments arising in the other Contracting Jurisdiction shall be taxable only in that other Contracting Jurisdiction; or j) which otherwise expressly limit a Contracting Jurisdiction s right to tax its own residents or provide expressly that the Contracting Jurisdiction in which an item of income arises has the exclusive righ .....

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..... ause that fixed place of business to be deemed to constitute a permanent establishment under the definition of permanent establishment included in the Covered Tax Agreement (as it may be modified by this Convention). 2. Paragraph 1 shall not apply where the person acting in a Contracting Jurisdiction to a Covered Tax Agreement on behalf of an enterprise of the other Contracting Jurisdiction carries on business in the first-mentioned Contracting Jurisdiction as an independent agent and acts for the enterprise in the ordinary course of that business. Where, however, a person acts exclusively or almost exclusively on behalf of one or more enterprises to which it is closely related, that person shall not be considered to be an independent agent within the meaning of this paragraph with respect to any such enterprise. 3. a) Paragraph 1 shall apply in place of provisions of a Covered Tax Agreement that describe the conditions under which an enterprise shall be deemed to have a permanent establishment in a Contracting Jurisdiction (or a person shall be deemed to be a permanent establishment in a Contracting Jurisdiction) in respect of an activity which a person other than an agent of an i .....

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..... rprise, any activity not described in subparagraph a); c) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) and b), provided that such activity or, in the case of subparagraph c), the overall activity of the fixed place of business, is of a preparatory or auxiliary character. Option B 3. Notwithstanding the provisions of a Covered Tax Agreement that define the term permanent establishment , the term permanent establishment shall be deemed not to include: a) the activities specifically listed in the Covered Tax Agreement (prior to modification by this Convention) as activities deemed not to constitute a permanent establishment, whether or not that exception from permanent establishment status is contingent on the activity being of a preparatory or auxiliary character, except to the extent that the relevant provision of the Covered Tax Agreement provides explicitly that a specific activity shall be deemed not to constitute a permanent establishment provided that the activity is of a preparatory or auxiliary character; b) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterpr .....

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..... at explicitly state that a list of specific activities shall be deemed not to constitute a permanent establishment only if each of the activities is of a preparatory or auxiliary character; c) for paragraph 4 not to apply to its Covered Tax Agreements. 7. Each Party that chooses to apply an Option under paragraph 1 shall notify the Depositary of its choice of Option. Such notification shall also include the list of its Covered Tax Agreements which contain a provision described in subparagraph a) of paragraph 5, as well as the article and paragraph number of each such provision. An Option shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply the same Option and have made such a notification with respect to that provision. 8. Each Party that has not made a reservation described in subparagraph a) or c) of paragraph 6 and does not choose to apply an Option under paragraph 1 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph b) of paragraph 5, as well as the article and paragraph number of each such provision. Paragraph 4 shall apply with resp .....

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..... cle not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply with respect to provisions of its Covered Tax Agreements relating to the exploration for or exploitation of natural resources. 4. Each Party that has not made a reservation described in subparagraph a) of paragraph 3 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 2 that is not subject to a reservation under subparagraph b) of paragraph 3, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1 to the extent provided in paragraph 2. In other cases, paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1. Article 15 - Definition of a Person Closely Related to an Enterprise 1. For the purposes of the provisions of a Covered Tax Agreement that are modified by paragraph 2 of Article 12 (Artificial Avoidance of Permanent Establishment St .....

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..... if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting Jurisdiction, with a view to the avoidance of taxation which is not in accordance with the Covered Tax Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting Jurisdictions. 3. The competent authorities of the Contracting Jurisdictions shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Covered Tax Agreement. They may also consult together for the elimination of double taxation in cases not provided for in the Covered Tax Agreement. 4. a) i) The first sentence of paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement (or parts thereof) that provide that where a person considers that the actions of one or both of the Contracting Jurisdiction result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, that person may, irrespective of the remedies provided by the domestic law of those Contra .....

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..... ent. 5. A Party may reserve the right: a) for the first sentence of paragraph 1 not to apply to its Covered Tax Agreements on the basis that it intends to meet the minimum standard for improving dispute resolution under the OECD/G20 BEPS Package by ensuring that under each of its Covered Tax Agreements (other than a Covered Tax Agreement that permits a person to present a case to the competent authority of either Contracting Jurisdiction), where a person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, that person may present the case to the competent authority of the Contracting Jurisdiction of which the person is a resident or, if the case presented by that person comes under a provision of a Covered Tax Agreement relating to non-discrimination based on nationality, to that of the Contracting Jurisdiction of which that person is a national; and the competent authority of that Contracting Jurisdiction will implement a bilateral notification or con .....

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..... he case of fraud, gross negligence or wilful default). 6. a) Each Party that has not made a reservation described in subparagraph a) of paragraph 5 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in clause i) of subparagraph a) of paragraph 4, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the first sentence of paragraph 1. In other cases, the first sentence of paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with that sentence. b) Each Party that has not made the reservation described in subparagraph b) of paragraph 5 shall notify the Depositary of: i) the list of its Covered Tax Agreements which contain a provision that provides that a case referred to in the first sentence of paragraph 1 must be presented within a specific time period that is shorter than three years from the first notification of the action resulting in taxation not in accordance with the provisions of th .....

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..... h c) of paragraph 4; the second sentence of paragraph 3 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that Covered Tax Agreement. Article 17 - Corresponding Adjustments 1. Where a Contracting Jurisdiction includes in the profits of an enterprise of that Contracting Jurisdiction - and taxes accordingly - profits on which an enterprise of the other Contracting Jurisdiction has been charged to tax in that other Contracting Jurisdiction and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting Jurisdiction if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting Jurisdiction shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of the Covered Tax Agreement and the competent authorities of the Contracting Jurisdictions shall if necessary consult each other. 2. Paragraph 1 shall apply in place of or in the absence of a provision that r .....

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..... to Apply Part VI A Party may choose to apply this Part with respect to its Covered Tax Agreements and shall notify the Depositary accordingly. This Part shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement only where both Contracting Jurisdictions have made such a notification. Article 19 - Mandatory Binding Arbitration 1. Where: a) under a provision of a Covered Tax Agreement (as it may be modified by paragraph 1 of Article 16 (Mutual Agreement Procedure)) that provides that a person may present a case to a competent authority of a Contracting Jurisdiction where that person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement (as it may be modified by the Convention), a person has presented a case to the competent authority of a Contracting Jurisdiction on the basis that the actions of one or both of the Contracting Jurisdictions have resulted for that person in taxation not in accordance with the provisions of the Covered Tax Agreement (as it may be modified by the Convention); and b) the competent a .....

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..... n decision shall be final. b) The arbitration decision shall be binding on both Contracting Jurisdictions except in the following cases: i) if a person directly affected by the case does not accept the mutual agreement that implements the arbitration decision. In such a case, the case shall not be eligible for any further consideration by the competent authorities. The mutual agreement that implements the arbitration decision on the case shall be considered not to be accepted by a person directly affected by the case if any person directly affected by the case does not, within 60 days after the date on which notification of the mutual agreement is sent to the person, withdraw all issues resolved in the mutual agreement implementing the arbitration decision from consideration by any court or administrative tribunal or otherwise terminate any pending court or administrative proceedings with respect to such issues in a manner consistent with that mutual agreement. ii) if a final decision of the courts of one of the Contracting Jurisdictions holds that the arbitration decision is invalid. In such a case, the request for arbitration under paragraph 1 shall be considered not to have been .....

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..... onths after the notification to the competent authority of the other Contracting Jurisdiction pursuant to subparagraph b) of paragraph 5. 9. Where additional information has been requested pursuant to subparagraph b) of paragraph 6, the start date referred to in paragraph 1 shall be the earlier of: a) the latest date on which the competent authorities that requested additional information have notified the person who presented the case and the other competent authority pursuant to subparagraph a) of paragraph 7; and b) the date that is three calendar months after both competent authorities have received all information requested by either competent authority from the person who presented the case. If, however, one or both of the competent authorities send the notification referred to in subparagraph b) of paragraph 7, such notification shall be treated as a request for additional information under subparagraph b) of paragraph 6. 10. The competent authorities of the Contracting Jurisdictions shall by mutual agreement (pursuant to the article of the relevant Covered Tax Agreement regarding procedures for mutual agreement) settle the mode of application of the provisions contained in .....

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..... f finance of the Contracting Jurisdictions and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting Jurisdiction fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting Jurisdictions, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting Jurisdiction. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting Jurisdictions, the Chair shall be .....

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..... t for a mutual agreement procedure. Article 23 - Type of Arbitration Process 1. Except to the extent that the competent authorities of the Contracting Jurisdictions mutually agree on different rules, the following rules shall apply with respect to an arbitration proceeding pursuant to this Part: a) After a case is submitted to arbitration, the competent authority of each Contracting Jurisdiction shall submit to the arbitration panel, by a date set by agreement, a proposed resolution which addresses all unresolved issue(s) in the case (taking into account all agreements previously reached in that case between the competent authorities of the Contracting Jurisdictions). The proposed resolution shall be limited to a disposition of specific monetary amounts (for example, of income or expense) or, where specified, the maximum rate of tax charged pursuant to the Covered Tax Agreement, for each adjustment or similar issue in the case. In a case in which the competent authorities of the Contracting Jurisdictions have been unable to reach agreement on an issue regarding the conditions for application of a provision of the relevant Covered Tax Agreement (hereinafter referred to as a threshol .....

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..... n into account for purposes of the decision. b) The arbitration panel shall decide the issues submitted to arbitration in accordance with the applicable provisions of the Covered Tax Agreement and, subject to these provisions, of those of the domestic laws of the Contracting Jurisdictions. The panel members shall also consider any other sources which the competent authorities of the Contracting Jurisdictions may by mutual agreement expressly identify. c) The arbitration decision shall be delivered to the competent authorities of the Contracting Jurisdictions in writing and shall indicate the sources of law relied upon and the reasoning which led to its result. The arbitration decision shall be adopted by a simple majority of the panel members. The arbitration decision shall have no precedential value. 3. A Party that has not made the reservation described in paragraph 2 may reserve the right for the preceding paragraphs of this Article not to apply with respect to its Covered Tax Agreements with Parties that have made such a reservation. In such a case, the competent authorities of the Contracting Jurisdictions of each such Covered Tax Agreement shall endeavour to reach agreement o .....

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..... shall not be binding on the Contracting Jurisdictions to a Covered Tax Agreement and shall not be implemented if the competent authorities of the Contracting Jurisdictions agree on a different resolution of all unresolved issues within three calendar months after the arbitration decision has been delivered to them. 3. A Party that chooses to apply paragraph 2 may reserve the right for paragraph 2 to apply only with respect to its Covered Tax Agreements for which paragraph 2 of Article 23 (Type of Arbitration Process) applies. Article 25 - Costs of Arbitration Proceedings In an arbitration proceeding under this Part, the fees and expenses of the members of the arbitration panel, as well as any costs incurred in connection with the arbitration proceedings by the Contracting Jurisdictions, shall be borne by the Contracting Jurisdictions in a manner to be settled by mutual agreement between the competent authorities of the Contracting Jurisdictions. In the absence of such agreement, each Contracting Jurisdiction shall bear its own expenses and those of its appointed panel member. The cost of the chair of the arbitration panel and other expenses associated with the conduct of the arbitr .....

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..... uthorised to become a Party by means of a decision by consensus of the Parties and Signatories. 2. This Convention is subject to ratification, acceptance or approval. Article 28 - Reservations 1. Subject to paragraph 2, no reservations may be made to this Convention except those expressly permitted by: a) Paragraph 5 of Article 3 (Transparent Entities); b) Paragraph 3 of Article 4 (Dual Resident Entities); c) Paragraphs 8 and 9 of Article 5 (Application of Methods for Elimination of Double Taxation); d) Paragraph 4 of Article 6 (Purpose of a Covered Tax Agreement); e) Paragraphs 15 and 16 of Article 7 (Prevention of Treaty Abuse); f) Paragraph 3 of Article 8 (Dividend Transfer Transactions); g) Paragraph 6 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property); h) Paragraph 5 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions); i) Paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party s Right to Tax its Own Residents); j) Paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements .....

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..... ting Party and the reserving Party. 3. Unless explicitly provided otherwise in the relevant provisions of this Convention, a reservation made in accordance with paragraph 1 or 2 shall: a) modify for the reserving Party in its relations with another Party the provisions of this Convention to which the reservation relates to the extent of the reservation; and b) modify those provisions to the same extent for the other Party in its relations with the reserving Party. 4. Reservations applicable to Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the reservations made by that Party for its own Covered Tax Agreements. 5. Reservations shall be made at the time of signature or when depositing the instrument of ratification, acceptance or approval, subject to the provisions of paragraphs 2, 6 and 9 of this Article, and paragraph 5 of Article 29 (Notific .....

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..... Own Residents); j) Subparagraph b) of paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); k) Subparagraph b) of paragraph 3 of Article 14 (Splitting-up of Contracts); l) Subparagraph b) of paragraph 5 of Article 16 (Mutual Agreement Procedure); m) Subparagraph a) of paragraph 3 of Article 17 (Corresponding Adjustments); n) Paragraph 6 of Article 23 (Type of Arbitration Process); and o) Paragraph 4 of Article 26 (Compatibility). The reservations described in subparagraphs a) through o) above shall not apply to any Covered Tax Agreement that is not included on the list described in this paragraph. 9. Any Party which has made a reservation in accordance with paragraph 1 or 2 may at any time withdraw it or replace it with a more limited reservation by means of a notification addressed to the Depositary. Such Party shall make any additional notifications pursuant to paragraph 6 of Article 29 (Notifications) which may be required as a result of the withdrawal or replacement of the reservation. Subject to paragraph 7 of Article 35 (Entry into Effect), the withdrawal or replacement shall take effect: a) with respect t .....

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..... graphs 5 and 6 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies); l) Paragraphs 7 and 8 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); m) Paragraph 4 of Article 14 (Splitting-up of Contracts); n) Paragraph 6 of Article 16 (Mutual Agreement Procedure); o) Paragraph 4 of Article 17 (Corresponding Adjustments); p) Article 18 (Choice to Apply Part VI); q) Paragraph 4 of Article 23 (Type of Arbitration Process); r) Paragraph 1 of Article 24 (Agreement on a Different Resolution); s) Paragraph 1 of Article 26 (Compatibility); and t) Paragraphs 1, 2, 3, 5 and 7 of Article 35 (Entry into Effect). 2. Notifications in respect of Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the notifications made by that Par .....

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..... are Parties to the Convention when the additional notification is received by the Depositary: i) for notifications in respect of provisions relating to taxes withheld at source, where the event giving rise to such taxes occurs on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the additional notification; and ii) for notifications in respect of all other provisions, for taxes levied with respect to taxable periods beginning on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the additional notification; and b) with respect to a Covered Tax Agreement for which one or more Contracting Jurisdictions becomes a Party to this Convention after the date of receipt by the Depositary of the additional notification: on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions. Article 30 - Subsequent Modifications of Covered Tax Agreements The provisions in this Convention are without prejudice to subsequent modifications to a Cov .....

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..... ance or approval. Article 35 - Entry into Effect 1. The provisions of this Convention shall have effect in each Contracting Jurisdiction with respect to a Covered Tax Agreement: a) with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after the first day of the next calendar year that begins on or after the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement; and b) with respect to all other taxes levied by that Contracting Jurisdiction, for taxes levied with respect to taxable periods beginning on or after the expiration of a period of six calendar months (or a shorter period, if all Contracting Jurisdictions notify the Depositary that they intend to apply such shorter period) from the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement. 2. Solely for the purpose of its own application of subparagraph a) of paragraph 1 and subparagraph a) of paragraph 5, a Party may choose to substitute taxable period for calendar year , and shall no .....

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..... tion enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement ; and ii) the references in paragraph 5 to the date of the communication by the Depositary of the notification of the extension of the list of agreements ; with references to 30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of this Convention with respect to that specific Covered Tax Agreement ; iii) the references in subparagraph a) of paragraph 9 of Article 28 (Reservations) to on the date of the communication by the Depositary of the notification of withdrawal or replacement of the reservation ; and iv) the reference in subparagraph b) of paragraph 9 of Article 28 (Reservations) to on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions ; with references to 30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in parag .....

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..... itary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of Part VI (Arbitration) with respect to that specific Covered Tax Agreement . b) A Party making a reservation in accordance with subparagraph a) shall notify the confirmation of the completion of its internal procedures simultaneously to the Depositary and the other Contracting Jurisdiction(s). c) If one or more Contracting Jurisdictions to a Covered Tax Agreement makes a reservation under this paragraph, the date of entry into effect of the provisions of the Convention, of the withdrawal or replacement of a reservation, of an additional notification with respect to that Covered Tax Agreement, or of Part VI (Arbitration) shall be governed by this paragraph for all Contracting Jurisdictions to the Covered Tax Agreement. Article 36 - Entry into Effect of Part VI 1. Notwithstanding paragraph 9 of Article 28 (Reservations), paragraph 6 of Article 29 (Notifications), and paragraphs 1 through 6 of Article 35 (Entry into Effect), with respect to two Cont .....

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..... on to a reservation made under paragraph 2 of Article 28 (Reservations) which results in the application of Part VI (Arbitration) between two Contracting Jurisdictions to a Covered Tax Agreement, shall have effect according to subparagraphs a) and b) of paragraph 1 of this Article, except that the references to the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement shall be replaced with references to the date of the communication by the Depositary of the notification of withdrawal of the reservation , the date of the communication by the Depositary of the notification of replacement of the reservation or the date of the communication by the Depositary of the notification of withdrawal of the objection to the reservation , respectively. 5. An additional notification made pursuant to subparagraph p) of paragraph 1 of Article 29 (Notifications) shall have effect according to subparagraphs a) and b) of paragraph 1, except that the references in paragraphs 1 and 2 of this Article to the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered T .....

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..... Organisation for Economic Co-operation and Development. India Status of List of Reservations and Notifications upon Deposit of the Instrument of Ratification This document contains the list of reservations and notifications made by India upon deposit of the instrument of ratification pursuant to Articles 28(5) and 29(1) of the Convention. Article 2 - Interpretation of Terms Notification - Agreements Covered by the Convention Pursuant to Article 2(1)(a)(ii) of the Convention, India wishes the following agreement(s) to be covered by the Convention: No Title Other Contracting Jurisdiction Original/ Amending Instrument Date of Signature Date of Entry into Force 1 Agreement between the Government of the Republic of India and The Republic of Albania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Albania Original 08.07.2013 04.12.2013 2 Convention between the Government of the Republic of India and The Government of the Republic of Armenia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect of Taxes on Income. Armenia Original 31.10.2003 09.09.20041 Amending Instrument (a) 27.01.2 .....

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..... he Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Bulgaria Original 26.05.1994 23.06.1995 12 Agreement between the Government of the Republic of India and the Government of Canada for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Canada Original 11.01.1996 06.05.1997 13 Convention between the government of the Republic of India and the government of the Republic of Colombia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Colombia Original 13.05.2011 07.07.2014 14 Agreement between The Government of the Republic of India and The Government of the Republic of Croatia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect of Taxes on Income. Croatia Original 12.02.2014 06.02.20152 15 Agreement and Protocol between the Government of the Republic of India and the Government of the Republic of Cyprus for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Cyprus Original 18.11.2016 14.12.2016 16 Convention between the Government of the Republic of I .....

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..... epublic of India and the Government of the Hong Kong Special Administrative Region of the People s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Hong Kong Original 19.03.2018 30.11.2018 28 Agreement between the Government of India and the Government of Hungary for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income Hungary Original 03.11.2003 04.03.2005 29 Agreement between the Republic of India and the Government of Iceland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Iceland Original 23.11.2007 21.12.2007 30 Agreement between the Government of the Republic of India and the Government of the Republic of Indonesia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Indonesia Original 27-07-2012 05-02-2016 31 Convention between the Government of the Republic of India and the Government of Ireland for the Avoidance of Double Taxation and for the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains. Ireland Original 06. .....

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..... 13-04-1999 10-01-2001 41 Agreement between the Government of the Republic of India and the Government of the Republic of Latvia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income Latvia Original 18.09.2013 28.12.2013 42 Convention Government of India and Libya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income Libya Original 02-03-1981 01-07-1982 43 Agreement and the protocol between the Government of the Republic of India and the Government of the Republic of Lithuania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Lithuania Original 26.07.2011 10.07.2012 44 Agreement between the Government of Republic of India and the Government of the Grand Duchy of Luxembourg for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital. Luxembourg Original 02.06.2008 09.07.2009 45 Agreement between the Government of the Republic of India and the Government of the Republic of Macedonia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Re .....

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..... -2008 30-01-2009 55 Convention between the Government of the Republic of India and the Government of the Republic of Namibia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains Namibia Original 15.02.1997 22.01.1999 56 Agreement between the Government of the Republic of India and the Government of Nepal for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Nepal Original 27-11-2011 16-03-2012 57 Convention between the Government of Republic of India and the Kingdom of the Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Netherlands Original 30.07.1988 21.01.1989 Amending Instrument (a) 10.05.2012 02.11.2012 58 Convention between the Republic of India and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income New Zealand Original 17.10.1986 03.12.1986 Amending Instrument (a) 29.08.1996 09.01.1997 Amending Instrument (b) 21.06.1999 30.12.19994 Amending Instrument (c) 26.10.2016 07.09.2017 59 Agreeme .....

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..... Income and on Capital. Serbia Original 08.02.2006 23.09.2008 69 Agreement between the Government of the Republic of India and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Singapore Original 24-01-1994 27-05-1994 Amending Instrument (a) 29-06-2005 01-08-2005 Amending Instrument (b) 24-06-2011 01-09-2011 Amending Instrument (c) 30-12-2016 27/02/2017 70 Agreement between the Government of India and the Government of the Czechoslovak Socialist Republic for the Avoidance of Double taxation and the prevention of fiscal evasion with respect to taxes on income. Slovak Republic Original 27.01.1986 13.03.1987 71 Convention between the Republic Of India and the Republic of Slovenia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Slovenia Original 13.01.2003 17.02.2005 Amending Instrument (a) 17.5.2016 21.12.2016 72 Agreement between the Government of the Republic of India and the Government of the Republic of South Africa for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Sout .....

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..... Thailand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Thailand Original 29-06-2015 13-10-20156 82 Convention between the Government of the Republic of India and the Government of Republic of Trinidad and Tobago for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Trinidad and Tobago Original 08.02.1999 13.10.1999 83 Agreement between the Government of Republic of India and the Republic of Turkey for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Turkey Original 31.01.1995 01.02.19977 84 Convention between the Government of Republic of India and the Government of Turkmenistan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital Turkmenistan Original 25-02-1997 07-07-1997 85 Convention between the Government of the Republic of India and the Government of the Republic of Uganda for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income Uganda Original 30.04.2004 27.08.2004 86 Convention between the G .....

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..... ht for the entirety of Article 3 not to apply to its Covered Tax Agreements Article 4 - Dual Resident Entities Notification of Existing Provisions in Listed Agreements Pursuant to Article 4(4) of the Convention, India considers that the following agreements contain a provision described in Article 4(2) that is not subject to a reservation under Article 4(3)(b) through (d). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 4(3) 2 Armenia Article 4(3) 3 Australia Article 4(3) 4 Austria Article 4(3) 5 Bangladesh Article 4(3) 6 Belarus Article 4(3) 7 Belgium Article 4(3) 8 Bhutan Article 4(3) 9 Botswana Article 4(3) 10 Brazil Article 4 (3) 11 Bulgaria Article 4(3) 12 Canada Article 4(3) 13 Colombia Article 4 (3) 14 Croatia Article 4(3) 15 Cyprus Article 4(3) 16 Czech Republic Article 4(3) 17 Denmark Article 4(3) 18 Egypt Article 4(3) 19 Estonia Article 4(3) 20 Ethiopia Article 4(3) 21 Fiji Article 4(3) 22 Finland Article 4(3) 23 France Article 4(3) 24 Georgia Article 4(3) 25 Germany Article 4(3) 27 Hong Kong Article 4(3) 28 Hungary Article 4(3) 29 Iceland Article 4(3) 30 Indone .....

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..... (a) of the Convention, India hereby expresses a statement that while India accepts the application of Article 7(1) alone as an interim measure, it intends where possible to adopt a limitation on benefits provision, in addition to or in replacement of Article 7(1), through bilateral negotiation. Notification of Choice of Optional Provisions Pursuant to Article 7(17)(c) of the Convention, India hereby chooses to apply Simplified LOB provision pursuant to Article 7(6). Notification of Existing Provisions in Listed Agreements Pursuant to Article 7(17)(a) of the Convention, India considers that the following agreements are not subject to a reservation under Article 7(15)(b) and contain(s)a provision described in Article 7(2). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 29 (6) 8 Bhutan Article 27(2) and (3) 13 Colombia Article 28 (2) and (3) 19 Estonia Article 28(2) through (4) 20 Ethiopia Article 28(2) and (3) 21 Fiji Article 28(2) and (3) 22 Finland Article 27 (1) and (2) 24 Georgia Article 30 (2) through (4) 29 Iceland Article 24(6) 30 Indonesia Article 24(2) and (3) 32 .....

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..... ) 33 Italy Article 11(2)(a) 43 Lithuania Article 10(2)(a) 48 Mauritius Article 10(2)(a) 51 Montenegro Article 10(2)(1) 56 Nepal Article 10(2)(a) 60 Oman Article 11(2)(a) 61 Philippines Article 11(2)(a) 64 Qatar Article 10(2)(a) 68 Serbia Article 10(2)(1) 69 Singapore Article 10(2)(a) 70 Slovak Republic Article 10(2)(a) 71 Slovenia Article 10(2)(a) 78 Syria Article 10(2)(a) 79 Tajikistan Article 10(2)(a) 80 Tanzania Article 10(2)(a) 86 Ukraine Article 10(2)(a) 90 USA Article 10(2)(a) 93 Zambia Article 10(2)(a) Article 9 - Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property Notification of Choice of Optional Provisions Pursuant to Article 9(8) of the Convention, India hereby chooses to apply Article 9(4). Notification of Existing Provisions in Listed Agreements Pursuant to Article 9(7) of the Convention, India considers that the following agreements contain a provision described in Article 9(1). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 2 Armenia Article 13(4) 3 Australia Article 13(4) 4 Austria Article 13(4) 6 Belar .....

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..... cle 5 (4)(a) 7 Belgium Article 5 (4)(a) 8 Bhutan Article 5 (5)(a) 9 Botswana Article 5(5) (a) 10 Brazil Article 5 (4) 11 Bulgaria Article 5 (4)(a) 12 Canada Article 5 (4)(a) 13 Colombia Article 5(5) (a) 14 Croatia Article 5 (6)(a) 15 Cyprus Article 5 (5)(a) 16 Czech Republic Article 5 (5)(a) 17 Denmark Article 5 (4)(a) 18 Egypt Article 5(4)(i) 19 Estonia Article 5 (5)(a) 20 Ethiopia Article 5(5)(a) 21 Fiji Article 5(5)(a) 22 Finland Article 5 (5) (a) 23 France Article 5 (5) (a) 24 Georgia Article 5 (5) (a) 25 Germany Article 5 (5) (a) 26 Greece Article II(1)(h)(dd)(1) 27 Hong Kong Article 5 (5) (a) 28 Hungary Article 5 (5) (a) 29 Iceland Article 5 (5) (a) 30 Indonesia Article 5 (5) (a) 31 Ireland Article 5 (6) (a) 32 Israel Article 5 (5) 33 Italy Article 5 (4) (a) 34 Japan Article 5(7) (a) 35 Jordan Article 5 (6) 36 Kazakstan Article 5 (5) 37 Kenya Article 5(5) (a) 38 Korea Article 5 (5) (a) 39 Kuwait Article 5 (6) (a) 40 Kyrgyz Republic Article 5 (6) (a) 41 Latvia Article 5 (5) (a) 42 Libya Article 4(4) 43 Lithuania Article 5 (5) (a) 44 Luxembourg Article 5 (5) (a) 45 Macedonia Article5(5) (a) 46 Malaysia Article 5 (5) (a) 47 Malta Article5(5)(a) 48 Mauritius Article 5(4)(i) 49 Me .....

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..... 3 Italy Article 5 (5) 34 Japan Article 5(8) 35 Jordan Article 5 (8) 36 Kazakstan Article 5 (7) 37 Kenya Article 5(7) 38 Korea Article 5 (7) 39 Kuwait Article 5 (8) 40 Kyrgyz Republic Article 5 (8) 41 Latvia Article 5 (6) 42 Libya Article 4(5) 43 Lithuania Article 5 (6) 44 Luxembourg Article 5 (7) 45 Macedonia Article5(7) 46 Malaysia Article 5 (7) 47 Malta Article5(7) 48 Mauritius Article 5(5) 49 Mexico Article 5 (7) 50 Mongolia Article 5 (5) 51 Montenegro Article5(7) 52 Morocco Article 5(7) 53 Mozambique Article 5(7) 54 Myanmar Article 5 (7) 55 Namibia Article 5(6) 56 Nepal Article 5 (7) 57 Netherlands Article5(6) 58 New Zealand Article 5(5) 59 Norway Article5(7) 60 Oman Article 5 (5) 61 Philippines Article 5 (6) 62 Poland Article5(5) 63 Portuguese Republic Article5(6) 64 Qatar Article 5 (8) 65 Romania Article5(6) 66 Russia Article5(5) 67 Saudi Arabia Article 5 (7) 68 Serbia Article5(7) 69 Singapore Article 5 (9) 70 Slovak Republic Article5(5) 71 Slovenia Article5(7) 72 South Africa Article 5(6) 73 Spain Article5(5) 74 Sri Lanka Article 5 (7) 75 Sudan Article 5(7) 76 Sweden Article5(8) 77 Swiss Confederation Article5(6) 78 Syria Article 5 (7) 79 Tajikistan Article 5 (6) 80 Tanzania .....

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..... cle5(4) 60 Oman Article 5(3) 61 Philippines Article 5(3) 62 Poland Article5(3) 63 Portugal Article5(4) 64 Qatar Article 5(5) 65 Romania Article5(4) 66 Russia Article5(3) 67 Saudi Arabia Article 5(4) 68 Serbia Article 5(4) 69 Singapore Article 5(7) 70 Slovak Republic Article5(3) 71 Slovenia Article5(4) 72 South Africa Article 5(4) 73 Spain Article5(3) 74 Sri Lanka Article 5(4) 75 Sudan Article 5(4) 76 Sweden Article5(5) 77 Swiss Confederation Article5(3) 78 Syria Article 5(4) 79 Tajikistan Article 5(4) 80 Tanzania Article 5(4) 81 Thailand Article 5(4) 82 Trinidad & Tobago Article 5(3) 83 Turkey Article5(3) 84 Turkmenistan Article 5(4) 85 Uganda Article 5(3) 86 Ukraine Article5(4) 87 United Arab Emirates Article 5(3) 88 United Kingdom Article5(3) 89 Uruguay Article 5 (4) 90 USA Article 5(3) 91 Uzbekistan Article 5(3) 92 Vietnam Article 5(3) 93 Zambia Article 5(3) Article 16 - Mutual Agreement Procedure Reservation Pursuant to Article 16(5)(a) of the Convention, India reserves the right for the first sentence of Article 16(1) not to apply to its Covered Tax Agreements on the basis that it intends to meet the minimum standard for improving dispute resolution under the OECD/G20 BEPS .....

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..... n resulting in taxation not in accordance with the provisions of the Covered Tax Agreement. The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 26(1), Second Sentence 2 Armenia Article 25(1), Second Sentence 3 Australia Article 25(1), Second Sentence 4 Austria Article 25(1), Second Sentence 5 Bangladesh Article 27(1), Second Sentence 6 Belarus Article 26(1), Second Sentence 8 Bhutan Article 24(1), Second Sentence 9 Botswana Article 26(1), Second Sentence 10 Brazil Article 25(1), Second Sentence 11 Bulgaria Article 27(1), Second Sentence 13 Colombia Article 25(1), Second Sentence 14 Croatia Article 25(1), Second Sentence 15 Cyprus Article 25(1), Second Sentence 16 Czech Republic Article 26(1), Second Sentence 17 Denmark Article 25(1), Second Sentence 19 Estonia Article 25(1), Second Sentence 20 Ethiopia Article 25(1), Second Sentence 21 Fiji Article 25(1), Second Sentence 22 Finland Article 24(1), Second Sentence 23 France Article 27(1), Second Sentence 24 Georgia Article 26(1), Second Sentence 25 Germany Article 25(1), Second Sentence 27 Hong Kong Article 25(1), Second Senten .....

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..... (1), Second Sentence 86 Ukraine Article 26(1), second sentence 89 Uruguay Article 26(1), Second Sentence 90 USA Article 27(1), Second Sentence 91 Uzbekistan Article 27(1), Second Sentence 92 Vietnam Article 27(1), Second Sentence 93 Zambia Article 26(1), Second Sentence Notification of Listed Agreements Not Containing Existing Provisions Pursuant to Article 16(6)(c)(i) of the Convention, India considers that the following agreements do not contain a provision described in Article 16(4)(b)(i) Listed Agreement Number Other Contracting Jurisdiction 26 Greece 49 Mexico Pursuant to Article 16(6)(c)(ii) of the Convention, India considers that the following agreement(s) do(es) not contain a provision described in Article 16(4)(b)(ii) Listed Agreement Number Other Contracting Jurisdiction 12 Canada 18 Egypt 26 Greece 33 Italy 42 Libya 49 Mexico 61 Philippines 77 Swiss Confederation 83 Turkey 88 United Kingdom Pursuant to Article 16(6)(d)(i) of the Convention, India considers that the following agreements do not contain a provision described in Article 16(4)(c)(i). Listed Agreement Number Other Contracting Jurisdiction 3 Australia 26 Greece Pursuant to Article 16(6)(d)(ii) of the Convention .....

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