TMI BlogCentral Government notifies Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shiftingX X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 Article 34 of the said Convention; And whereas, the provisions of the said Convention shall have effect in India with respect to a Covered Tax Agreement in accordance with provisions of Article 35 of the said Convention; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that the provisions of the said Convention shall be given effect to in the Union of India, in accordance with India s Position under the said Convention, as set out in the Annexure hereto. ANNEXURE MULTILATERAL CONVENTION TO IMPLEMENT TAX TREATY RELATED MEASURES TO PREVENT BASE EROSION AND PROFIT SHIFTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 into force) as an agreement which it wishes to be covered by this Convention. b) The term Party means: i) A State for which this Convention is in force pursuant to Article 34 (Entry into Force); or ii) A jurisdiction which has signed this Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval) and for which this Convention is in force pursuant to Article 34 (Entry into Force). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther 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 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements; e) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which identifies in detail the treatment of specific fact patterns an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 authorities of the Contracting Jurisdictions to endeavour to reach mutual agreement on a single Contracting Jurisdiction of residence; c) for the entirety of this Article not to apply to its Covered Tax Agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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. 3. Paragraph 2 shall apply to a Covered Tax Agreement that would otherwise require a Contracting Jurisdiction t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Eac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vered Tax Agreements that already contain preamble language describing the intent of the Contracting Jurisdictions to eliminate double taxation 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement. 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 Simplifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dance with the Covered Tax Agreement, unless such resident is a qualified person , as defined in paragraph 9 at the time that the benefit would be accorded. 9. A resident of a Contracting Jurisdiction to a Covered Tax Agreement shall be a qualified person at a time when a benefit would otherwise be accorded by the 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 ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jurisdiction to which the item is related is substantial in relation to the same activity or a complementary business activity carried on by the resident or such connected person in the other Contracting Jurisdiction. Whether a business activity is substantial for the purposes of this subparagraph shall be determined based on all the facts and circumstances. c) For purposes of applying this paragraph, activities conducted by connected persons with respect to a resident 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 qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to entities that are not companies, the term shares means interests that are comparable to shares; e) two persons shall be connected persons if one owns, directly or indirectly, at least 50 per cent of the beneficial interest in the other (or, in the case of a company, at least 50 per cent of the aggregate vote and value of the company's shares) or another person owns, directly or indirectly, at least 50 per cent of the beneficial interest (or, in the case of a company, at least 50 per cent of the aggregate vote and value of the company's shares) in each 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 solel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raph 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 (and where applicable, paragraph 4). In other cases, paragraph 1 (and where applicable, paragraph 4) shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1 (and where applicable, paragraph 4). A Party making a notification under this subparagraph may also include a statement that while such Party accepts the application of paragraph 1 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 choi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the absence of a minimum holding period in provisions of a Covered Tax Agreement described in paragraph 1. 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 to the extent that the provisions described in paragraph 1 already include: i) a minimum holding period; ii) a minimum holding period shorter than a 365 day period; or iii) a minimum holding period longer than a 365 day period. 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 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the property of the entity consists of such immovable property (real property). 6. A Party may reserve the right: a) for paragraph 1 not to apply to its Covered Tax Agreements; b) for subparagraph a) of paragraph 1 not to apply to its Covered Tax Agreements; c) for subparagraph b) of paragraph 1 not to apply to its Covered Tax Agreements; d) for subparagraph a) of paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision of the type described in paragraph 1 that includes a period for determining whether the relevant value threshold was met; e) for subparagraph b) of paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision of the type described in paragraph 1 that applies to the alienation of interests other than shares; f) for paragraph 4 not to apply to its Covered Tax Agreements 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithstanding any other provisions of the Covered Tax Agreement. 2. Paragraph 1 shall not apply if the income derived from the other Contracting Jurisdiction described in paragraph 1 is derived in connection with or is incidental to the active conduct of a business carried on through the permanent establishment (other than the business of making, managing or simply holding investments for the enterprise s own account, unless these activities are banking, insurance or securities activities carried on by a bank, insurance enterprise or registered securities dealer, respectively). 3. If benefits under a Covered Tax Agreement are denied pursuant to paragraph 1 with respect to an item of income derived by a resident of a Contracting Jurisdiction, the competent authority of the other Contracting Jurisdiction may, nevertheless, grant these benefits with respect to that item of income if, in response to a request by such resident, such competent authority determines that 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent establishment of the enterprise or the profits of an associated enterprise; b) which may affect how that Contracting Jurisdiction taxes an individual who is a resident of that Contracting Jurisdiction if that individual derives income in respect of services rendered to the other Contracting Jurisdiction or a political subdivision or local authority or other comparable body thereof; c) which may affect how that Contracting Jurisdiction taxes an individual who is a resident of that Contracting Jurisdiction if that individual is also a student, business apprentice or trainee, or a teacher, professor, lecturer, instructor, researcher or research scholar who meets the conditions of the Covered Tax Agreement; d) which require that Contracting Jurisdiction to provide a tax credit or tax exemption to Jurisdiction may tax in accordance with the Covered Tax Agreement (including profits that are attributable to a permanent establishment situated in that other Contracting Jurisdiction in accordance with the Covered Tax Agreement); e) which protect residents of that Contracting Jurisdiction against certain discriminatory taxation practices by that Contra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... STABLISHMENT STATUS Article 12 Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies 1. Notwithstanding the provisions of a Covered Tax Agreement that define the term permanent establishment , but subject to paragraph 2, where a person is acting in a Contracting Jurisdiction to a Covered Tax Agreement on behalf of an enterprise and, in doing so, habitually concludes contracts, or habitually plays the principal role leading to the conclusion of contracts that are routinely concluded without material modification by the enterprise, and these contracts are: a) in the name of the enterprise; or b) for the transfer of the ownership of, or for the granting of the right to use, property owned by that enterprise or that the enterprise has the right to use; or c) for the provision of services by that enterprise, that enterprise shall be deemed to have a permanent establishment in that Contracting Jurisdiction in respect of any activities which that person undertakes for the enterprise unless these activities, if they were exercised by the enterprise through a fixed plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made a notification with respect to that provision. 6. Each Party that has not made a reservation described in paragraph 4 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph b) of paragraph 3, as well as the article and paragraph number of each such provision. Paragraph 2 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 13 Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions 1. A Party may choose to apply paragraph 2 (Option A) or paragraph 3 (Option B) or to apply neither Option. Option A 2. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he closely related enterprise under the provisions of a Covered Tax Agreement defining a permanent establishment; or b) the overall activity resulting from the combination of the activities carried on by the two enterprises at the same place, or by the same enterprise or closely related enterprises at the two places, is not of a preparatory or auxiliary character, provided that the business activities carried on by the two enterprises at the same place, or by the same enterprise or closely related enterprises at the two places, constitute complementary functions that are part of a cohesive business operation. 5. a) Paragraph 2 or 3 shall apply in place of the relevant parts of provisions of a Covered Tax Agreement that list specific activities that are deemed not to constitute a permanent establishment even if the activity is carried on through a fixed place of business (or provisions of a Covered Tax Agreement that operate in a comparable manner). b) Paragraph 4 shall apply to provisions of a Covered Tax Agreement (as they may be modified by paragraph 2 or 3) that list specific activities that are deemed not to constitute a permanent establishme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, or carries on supervisory or consultancy activities in connection with such a place, in the case of a provision of a Covered Tax Agreement that refers to such activities, and these activities are carried on during one or more periods of time that, in the aggregate, exceed 30 days without exceeding the period or periods referred to in the relevant provision of the Covered Tax Agreement; and b) where connected activities are carried on in that other Contracting Jurisdiction at (or, where the relevant provision of the Covered Tax Agreement applies to supervisory or consultancy activities, in connection with) the same building site, construction or installation project, or other place identified in the relevant provision of the Covered Tax Agreement during different periods of time, each exceeding 30 days, by one or more enterprises closely related to the first-mentioned enterprise, these different periods of time shall be added to the aggregate period of time during which the first-mentioned enterprise has carried on activities at that building site, construction or installation project, or other place identified in the relevant provision of the Covered Tax Agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te and value of the company s shares or of the beneficial equity interest in the company) or if another person possesses directly or indirectly more than 50 per cent of the beneficial interest (or, in the case of a company, more than 50 per cent of the aggregate vote and value of the company s shares or of the beneficial equity interest in the company) in the person and the enterprise. 2. A Party that has made the reservations described in paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies), subparagraph a) or c) of paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions), and subparagraph a) of paragraph 3 of Article 14 (Splitting-up of Contracts) may reserve the right for the entirety of this Article not to apply to the Covered Tax Agreements to which those reservations apply. PART V. IMPROVING DISPUTE RESOLUTION Article 16 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting Jurisdictions result or will result for tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the Covered Tax Agreement, or in the absence of a provision of a Covered Tax Agreement describing the time period within which such a case must be presented. b) i) The first sentence of paragraph 2 shall apply in the absence of provisions of a Covered Tax Agreement that provide that the competent authority that is presented with the case by the person referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and 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. ii) The second sentence of paragraph 2 shall apply in the absence of provisions of a Covered Tax Agreement providing that any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting Jurisdictions. c) i) The first sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution under the OECD/G20 BEPS package by ensuring that for the purposes of all such Covered Tax Agreements the taxpayer referred to in paragraph 1 is allowed to present the case within a period of at least three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement; c) for the second sentence of paragraph 2 not to apply to its Covered Tax Agreements on the basis that for the purposes of all of its Covered Tax Agreements: i) any agreement reached via the mutual agreement procedure shall be implemented notwithstanding any time limits in the domestic laws of the Contracting Jurisdictions; or ii) it intends to meet the minimum standard for improving dispute resolution under the OECD/G20 BEPS package by accepting, in its bilateral treaty negotiations, a treaty provision providing that: A) the Contracting Jurisdictions shall make no adjustment to the profits that are attributable to a permanent establishment of an enterprise of one of the Contracting Jurisdictions after a period that is mutually agreed between both Contracting Jurisdictions from the end of the taxable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible with the second sentence of paragraph 1; ii) 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 at least three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement, as well as the article and paragraph number of each such provision; the second sentence of paragraph 1 shall not apply to a Covered Tax Agreement where any Contracting Jurisdiction has made such a notification with respect to that Covered Tax Agreement. c) Each Party shall notify the Depositary of: i) the list of its Covered Tax Agreements which do not contain a provision described in clause i) of subparagraph b) of paragraph 4; the first sentence of paragraph 2 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification with respect to that Covered Tax Agreement; ii) in the case of a Party that has not made the reservation described in subparagraph c) of paragraph 5, the list of its Covered Tax Agreements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... profits which would have accrued to the enterprise of that other Contracting Jurisdiction if the conditions made between the two enterprises had been those which would have been made between independent enterprises. 3. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 2; b) for the entirety of this Article not to apply to its Covered Tax Agreements on the basis that in the absence of a provision referred to in paragraph 2 in its Covered Tax Agreement: i) it shall make the appropriate adjustment referred to in paragraph 1; or ii) its competent authority shall endeavour to resolve the case under the provisions of a Covered Tax Agreement relating to mutual agreement procedure; c) in the case of a Party that has made a reservation under clause ii) of subparagraph c) of paragraph 5 of Article 16 (Mutual Agreement Procedure), for the entirety of this Article not to apply to its Covered Tax Agreements on the basis that in its bilateral treaty negotiations it shall accept a treaty provision of the type contained in paragr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority shall endeavour to resolve the case by mutual agreement with the competent authority of the other Contracting Jurisdiction, within a period of two years beginning on the start date referred to in paragraph 8 or 9, as the case may be (unless, prior to the expiration of that period the competent authorities of the Contracting Jurisdictions have agreed to a different time period with respect to that case and have notified the person who presented the case of such agreement), any unresolved issues arising from the case shall, if the person so requests in writing, be submitted to arbitration in the manner described in this Part, according to any rules or procedures agreed upon by the competent authorities of the Contracting Jurisdictions pursuant to the provisions of paragraph 10. 2. Where a competent authority has suspended the mutual agreement procedure referred to in paragraph 1 because a case with respect to one or more of the same issues is pending before court or administrative tribunal, the period provided in subparagraph b) of paragraph 1 will stop running until either a final decision has been rendered by the court or administrative tribunal or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25 (Costs of Arbitration Proceedings)). In such a case, a new request for arbitration may be made unless the competent authorities agree that such a new request should not be permitted. iii) if a person directly affected by the case pursues litigation on the issues which were resolved in the mutual agreement implementing the arbitration decision in any court or administrative tribunal. 5. The competent authority that received the initial request for a mutual agreement procedure as described in subparagraph a) of paragraph 1 shall, within two calendar months of receiving the request: a) send a notification to the person who presented the case that it has received the request; and b) send a notification of that request, along with a copy of the request, to the competent authority of the other Contracting Jurisdiction. 6. Within three calendar months after a competent authority receives the request for a mutual agreement procedure (or a copy thereof from the competent authority of the other Contracting Jurisdiction) it shall either: a) notify the person who has presented the case and the other competent authority that it has recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Part, including the minimum information necessary for each competent authority to undertake substantive consideration of the case. Such an agreement shall be concluded before the date on which unresolved issues in a case are first eligible to be submitted to arbitration and may be modified from time to time thereafter. 11. For purposes of applying this Article to its Covered Tax Agreements, a Party may reserve the right to replace the two-year period set forth in subparagraph b) of paragraph 1 with a three-year period. 12. A Party may reserve the right for the following rules to apply with respect to its Covered Tax Agreements notwithstanding the other provisions of this Article: a) any unresolved issue arising from a mutual agreement procedure case otherwise within the scope of the arbitration process provided for by this Convention shall not be submitted to arbitration, if a decision on this issue has already been rendered by a court or administrative tribunal of either Contracting Jurisdiction; b) if, at any time after a request for arbitration has been made and before the arbitration panel has delivered its decision to the competent authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph 2 or agreed to by the competent authorities of the Contracting Jurisdictions, the Chair shall be appointed 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. Article 21 Confidentiality of Arbitration Proceedings 1. Solely for the purposes of the application of the provisions of this Part and of the provisions of the relevant Covered Tax Agreement and of the domestic laws of the Contracting Jurisdictions related to the exchange of information, confidentiality, and administrative assistance, members of the arbitration panel and a maximum of three staff per member (and prospective arbitrators solely to the extent necessary to verify their ability to fulfil the requirements of arbitrators) shall be considered to be persons or authorities to whom information may be disclosed. Information received by the arbitration panel or prospective arbitrators and information that the competent authorities receive from the arbitration panel shall be considered information that is exchanged under the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 threshold question ), such as whether an individual is a resident or whether a permanent establishment exists, the competent authorities may submit alternative proposed resolutions with respect to issues the determination of which is contingent on resolution of such threshold questions. b) The competent authority of each Contracting Jurisdiction may also submit a supporting position paper for consideration by the arbitration panel. Each competent authority that submits a proposed resolution or supporting position paper shall provide a copy to the other competent authority by the date on which the proposed resolution and supporting position paper were due. Each competent authority may also submit to the arbitration panel, by a date set by agreement, a reply submission with respect to the proposed resolution and supporting position paper submitted by the other competent authority. A copy of any reply submission shall be provided to the other competent authority by the date on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agraphs 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 on the type of arbitration process that shall apply with respect to that Covered Tax Agreement. Until such an agreement is reached, Article 19 (Mandatory Binding Arbitration) shall not apply with respect to such a Covered Tax Agreement. 4. A Party may also choose to apply paragraph 5 with respect to its Covered Tax Agreements and shall notify the Depositary accordingly. Paragraph 5 shall apply in relation to two Contracting Jurisdictions with respect to a Covered Tax Agreement where either of the Contracting Jurisdictions has made such a notification. 5. Prior to the beginning of arbitration proceedings, the competent authorities of the Contracting Jurisdictions to a Covered Tax Agreement shall ensure that each person that presented the case and their advisors agree in writing not to disclose to any other person any information received during the course of the arbitration proceedings from either ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting 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 arbitration proceedings shall be borne by the Contracting Jurisdictions in equal shares. Article 26 Compatibility 1. Subject to Article 18 (Choice to Apply Part VI), the provisions of this Part shall apply in place of or in the absence of provisions of a Covered Tax Agreement that provide for arbitration of unresolved issues arising from a mutual agreement procedure case. Each Party that chooses to apply this Part 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 such a provision, and if so, the article and paragraph number of each such provision. Where two Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement, that provision shall be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 and Similar Strategies); k) Paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); l) Paragraph 3 of Article 14 (Splitting-up of Contracts); m) Paragraph 2 of Article 15 (Definition of a Person Closely Related to an Enterprise); n) Paragraph 5 of Article 16 (Mutual Agreement Procedure); o) Paragraph 3 of Article 17 (Corresponding Adjustments); p) Paragraphs 11 and 12 of Article 19 (Mandatory Binding Arbitration); q) Paragraphs 2, 3, 6, and 7 of Arti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 (Notifications). However, for a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, reservations described in subparagraphs p), q), r) and s) of paragraph 1 of this Article shall be made at the same time as that Party s notification to the Depositary pursuant to Article 18 (Choice to Apply Part VI). 6. If reservations are made at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 to a Covered Tax Agreement solely with States or jurisdictions that are Parties to the Convention when the notification of withdrawal or replacement of the reservation is received by the Depositary: i) for reservations in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greements solely with States or jurisdictions that 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roval, the Convention shall enter into force on the first day of the month following the expiration of a period of three calendar months beginning on the date of the deposit by such Signatory of its instrument of ratification, acceptance 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 forc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unication by the Depositary of the notification of the extension of the list of agreements. 6. A Party may reserve the right for paragraph 4 not to apply with respect to its Covered Tax Agreements. 7. a) A Party may reserve the right to replace: i) the references in paragraphs 1 and 4 to the latest of the dates on which this Convention 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 replaceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wal of the reservation , the date of the communication by the Depositary of the notification of replacement of the reservation and the date of the communication by the Depositary of the notification of withdrawal of the objection to the reservation ; and x) the reference in paragraph 5 of Article 36 (Entry into Effect of Part VI) to the date of the communication by the Depositary of the additional notification ; 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph 1 of Article 2 (Interpretation of Terms), 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 Tax Agreement shall be replaced with references to the date of the communication by the Depositary of the notification of the extension of the list of agreements . 4. A withdrawal or replacement of a reservation made under paragraph 4 of Article 26 (Compatibility) pursuant to paragraph 9 of Article 28 (Reservations), or the withdrawal of an objection 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s); d) any notification or additional notification pursuant to Article 29 (Notifications); e) any proposed amendment to this Convention pursuant to Article 33 (Amendment); f) any withdrawal from this Convention pursuant to Article 37 (Withdrawal); and g) any other communication related to this Convention. 3. The Depositary shall maintain publicly available lists of: a) Covered Tax Agreements; b) reservations made by the Parties; and c) notifications made by the Parties. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Paris, the 24th day of November 2016, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the 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 Conventio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic of Austria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect of Taxes on Income. Austria Original 08.11.1999 05.09.2001 Amending Instrument (a) 06.02.2017 N/A 5 Convention between the Government of the Republic of India and the Government of the People's Republic of Bangladesh for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Bangladesh Original 27-08-1991 27-05-1992 Amending Instrument (a) 16-02-2013 13-06-2013 6 Agreement between the Government of the Republic of India and The Republic of Belarus for the Avoidance of Double Taxation a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Convention between the Government of the Republic of India and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India and the Republic of Estonia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Estonia Original 19.09.2011 20.06.2012 20 Convention Between India and Ethiopia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains. Ethiopia Original 25-05-2011 15-10-2012 21 Agreement between the Government of the Republic of India and the Government of Fiji for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Fiji Original 30.01.2014 15.05.2014 22 Agreement and Protocol between the Republ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Original 20-04-1999 16-10-1999 36 Convention between the Government of the Republic of India and the Government of the Republic of Kazakstan for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income and on capital Kazakstan Original 09-12-1996 02-10-1997 Amending Instrument (a) 06-01-2017 12-03-2018 37 Agreement between India and Kenya for the Avoidance of Double taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Kenya Original 11-07-2016 30-08-2017 38 Agreement bet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Respect to Taxes on Income. Macedonia Original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 51 Convention between the Republic Of India and the Government of the Council of Ministers of Serbia and Montenegro for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Montenegro Original 08.02.2006 23.09.2008 52 Convention between the Republic of India and the Kingdom of Morocco for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Morocco Original 30.10.1998 20.02.2000 Amending Instrument (a) 08.08.2013 N/A 53 Agreement between the Government of the Republic of India and the Government of the Republic of Mozambique for the avoidan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th 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 30.12.1999 4 Amending Instrument (c) 26.10.2016 07.09.2017 59 Agreement Between the Republic of India and the Kingdom of Norway for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Norway Original 02.02.2011 20.12.2011 60 Agreement between the Republic of India and the Sultanate of Oman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Romania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Romania Original 08.03.2013 16.12.2013 66 Agreement between the Government of the Republic of India and the Government of the Russian Federation for the Avoidance of Double Taxation with respect to taxes on Income. Russia Original 25.03.1997 11.04.1998 67 Convention between the Government of the Republic of India and the Government of the Kingdom of Saudi Arabia for the avoidance of double taxation and the prevention of tax evasion with respect to taxes on income Saudi Arabia Original 25-01-2006 01-11-2006 68 Convention between the Republic Of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Republic of South Africa for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income South Africa Original 04.12.1996 28.11.1997 Amending Instrument (a) 26.7.2013 26.11.2014 73 Convention between the Republic Of India and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Spain Original Amending Instrument (a) 08.02.1993 26.10.2012 12.01.1995 N/A 74 Agreement between the Government of the Republic of India and the Government of the Democratic Socialist Republic of Sri Lanka for the avoidance of dou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Original 18-06-2008 10-11-2008 79 Agreement between the Government of the Republic of India and the Government of the Republic of Tajikistan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Tajikistan Original 20-11-2008 10-04-2009 Amending Instrument (a) 17-12-2016 20-02-2018 80 Agreement between the Government of the Republic of India and the Government of the United Republic of Tanzania for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Tanzania Original 27.05.2011 12.12.2011 81 Agreement between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Avoidance of Double Taxation and the Prevention of fiscal Evasion with Respect to Taxes on Income and on Capital. Ukraine Original 07.04.1999 31.10.2001 87 An Agreement between the Government of the Republic of India and the Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital United Arab Emirates Original 29-04-1992 22-09-1993 Amending Instrument (a) 26-03-2007 03-10-2007 Amending Instrument (b) 16-04-2012 12-03-2013 88 Convention between the Government of Republic of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 07-09-1994 02-02-1995 Amending Instrument (a) 03-09-2016 21-02-2017 93 Convention between the Government of the Republic of India and the Government of Zambia for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income Zambia Original 05.06.1981 18.01.1984 Article 3 Transparent Entities Reservation Pursuant to Article 3(5)(a) of the Convention, India reserves the right 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Indonesia Article 4(3) 31 Ireland Article 4(3) 32 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55 Namibia Article 4(3) 56 Nepal Article 4(3) 57 Netherlands Article 4(3) 58 New Zealand Article 4(3) 59 Norway Article 4(3) 60 Oman Article 4(3) 61 Philippines Article 4(3) 62 Poland Article 4(3) 63 Portugal Article 4(3) 64 Qatar Article 4(3) 65 Romania Article 4(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... United Arab Emirates Article 4(4) 88 United Kingdom Article 4(3) 89 Uruguay Article 4 (3) 90 USA Article 4(3) and (4) 91 Uzbekistan Article 4(3) 92 Vietnam Article 4(3) 93 Zambia Article 4(3) Article 5 Application of Methods for Elimination of Double Taxation Notification of Choice of Optional Provisions Pursuant to Article 5(10) of the Convention, India hereby chooses under Article 5(1) to apply Option C of that Article. For jurisdictions choosing Option C: Pursuant to Article 5(10) of the Convention, India considers that the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Israel Article 27A(1) 36 Kazakstan Article 28A(2) 37 Kenya Article 29(2) and (3) 38 Korea Article 28(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 91 Uzbekistan Article 28B(2) and (3) Pursuant to Article 7(17)(c) of the Convention, India considers that the following agreements contain a provision described in Article 7(14). The Article and Paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 29 (1) through (5) 2 Armenia Article 28 29 Iceland Article 24 (1) through (5) 49 Mexico Article 28(1) through (5) 74 Sri Lanka Article 28(1) through (5) 79 Tajikistan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 Bulgaria Article 14(4) 13 Colombia Article 13 (4) 14 Croatia Article 13(4) 15 Cyprus Article 13(4) 16 Czech Republic Article 13(4) 17 Denmark Article 14(4) 19 Estonia Article 13(2) 20 Ethiopia Article 13(4) 21 Fiji Article 13(4) 23 France Article 14(4) 24 Georgia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 53 Mozambique Article 13(4) 54 Myanmar Article 13(4) 55 Namibia Article 13(4) 56 Nepal Article 13(4) 57 Netherlands Article 13(4) 58 New Zealand Article 13(4) 60 Oman Article 15(4) 61 Philippines Article 14(4) 62 Poland Article 14(4) 63 Portugal Article 13(4) 64 Qatar Article 13(4) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 12 Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies Notification of Existing Provisions in Listed Agreements Pursuant to Article 12(5) of the Convention, India considers that the following agreements contain a provision described in Article 12(3)(a). The article and paragraph number of each such provision is identified below Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 5 (5)(a) 2 Armenia Article 5 (5)(a) 3 Australia Article 5(5)(a) 4 Austria Article 5 (5)(a) 5 Bangladesh Article 5 (4)(a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 5(4) (a) 59 Norway Article5(5) (a) 60 Oman Article 5 (4) 61 Philippines Article 5 (4) (a) 62 Poland Article5(4) (a) 63 Portuguese Republic Article5(5) (a) 64 Qatar Article 5 (6) (a) 65 Romania Article5(5)(a) 66 Russia Article5(4) (a) 67 Saudi Arabia Article 5 (5) (a) 68 Serbia Article5(5)(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 5 (5) (a) 90 USA Article 5 (4) (a) 91 Uzbekistan Article 5 (4) 92 Vietnam Article 5 (4) (a) 93 Zambia Article 5(4) (i) Pursuant to Article 12(6) of the Convention, India considers that the following agreements contain a provision described in Article 12(3)(b). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 5 (7) 2 Armenia Article 5 (7) 3 Australia A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Germany Article 5 (6) 26 Greece Article II (1)(h)(ee) 27 Hong Kong Article 5 (6) 28 Hungary Article 5 (6) 29 Iceland Article 5 (7) 30 Indonesia Article 5 (7) 31 Ireland Article 5 (8) 32 Israel Article 5 (6) 33 Italy Article 5 (5) 34 Japan Article 5(8) 35 Jordan Article 5 (8) 36 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle5(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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 (7) 90 USA Article 5 (5) 91 Uzbekistan Article 5 (5) 92 Vietnam Article 5 (5) 93 Zambia Article 5(6) Article 13 Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions Notification of Choice of Optional Provisions Pursuant to Article 13(7) of the Convention, India hereby chooses to apply Option [A] under Article 13(1). Notification of Existing Provisions in Listed Agreements Pursuant to Article 13(7) of the Convention, India considers that the following agreements contain a provision described in Article 13(5)(a). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nland Article 5(4) 23 France Article 5(4) 24 Georgia Article 5(4) 25 Germany Article 5(4) 26 Greece Article II (1)(h)(cc) 27 Hong Kong Article 5(4) 28 Hungary Article 5(4) 29 Iceland Article 5(4) 30 Indonesia Article 5(4) 31 Ireland Article 5(5) 32 Israel Article 5(4) 33 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55 Namibia Article 5(4) 56 Nepal Article 5(4) 57 Netherlands Article5(4) 58 New Zealand Article 5(3) 59 Norway Article5(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) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Package by ensuring that under each of its Covered Tax Agreements(other than a C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mirates Article 27(1), Second Sentence Pursuant to Article 16(6)(b)(ii) of the Convention, India considers that the following agreement(s) contain(s)a provision that provides that a case referred to in the first sentence of Article 16(1) must be presented within a specific time period that is at least three years from the first notification of the action 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hong Kong Article 25(1), Second Sentence 28 Hungary Article 25(1), Second Sentence 29 Iceland Article 26(1), Second Sentence 30 Indonesia Article 26(1), Second Sentence 31 Ireland Article 25(1), Second Sentence 32 Israel Article 26(1), Second Sentence 34 Japan Article 25(1), Second Sentence 35 Jordan Article 25(1), Second Sentence 36 Kazakstan Article 26(1), Second Sentence 37 Kenya A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Netherlands Article 25(1), second sentence 58 New Zealand Article 25(1), Second Sentence 59 Norway Article 26(1), second sentence 60 Oman Article 26(1), Second Sentence 61 Philippines Article 26(1), Second Sentence 62 Poland Article 26(1), second sentence 63 Portugal Article 25(1), second sentence 64 Qatar Article 23(1), Second Sentence 65 Romania Article 25(1), second sentence 66 Russia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 85 Uganda Article 25(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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... United Kingdom Article 17 Corresponding Adjustments Reservation Pursuant to Article 17(3)(a) of the Convention, India reserves the right for the entirety of Article 17 not to apply to its Covered Tax Agreements that already contain a provision described in Article 17(2). The following agreements contain provisions that are within the scope of this reservation. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 9(2) 2 Armenia Article 9(2) 4 Austria Article 9(2) 8 Bhutan Article 9(2) 9 Botswana Article 9(2) 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Latvia Article 9(2) 44 Luxembourg Article 9(2) 45 Macedonia Article 9(2) 47 Malta Article 9(2) 49 Mexico Article 9(2) 51 Montenegro Article 9(2) 52 Morocco Article 9(2) 53 Mozambique Article 9(2) 54 Myanmar Article 9(2) 55 Namibia Article 9(2) 56 Nepal Article 9(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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