It was announced on Monday that the government of India has signed a Double
Taxation Avoidance Agreement (DTAA) with the Luxembourg government, covering
the avoidance of double taxation and the prevention of fiscal evasion with respect
to taxes on income and on capital.
This Agreement will enter into force on a date to be notified in due course,
and also aims at promoting economic cooperation between the two countries.
It was signed by R.S. Mathoda, Chairman of the Central Board of Direct Taxes
on behalf of the Government of India, and Ambassador Marc Courte on behalf of
the Government of Grand Duchy of Luxembourg.
The DTAA between India and Luxembourg will in the case of India, cover income-tax
and wealth tax including any surcharge thereon. In the case of Luxembourg, it
will cover income tax on individuals, corporation tax, capital tax, and the
communal trade tax.
The DTAA also addresses the tax treatment of dividend, interest, royalties
and fees for technical services-both in the country of residence as well as
the country of source.
However, the rate of tax in the country of source shall not exceed 10% of the
gross amount of payment where the beneficial owner of the payments is a resident
of the other contracting state.
In a statement, the Indian Finance Ministry further revealed that:
"The DTAA provides that capital gains from alienation of shares of a company
shall be taxable in the country where the company is a resident. The incidence
of double taxation shall be avoided by one country giving credit for taxes paid
by its residents in the other country."
"There is a provision for exchange of information in cases, which are
under investigation in either of the two countries. Both the countries shall
assist each other in collection of revenue claims. There is also a provision
for limitation of benefits under the DTAA to prevent misuse of the provisions
of the DTAA."
It concluded:
"The Agreement will further stimulate the flow of capital, technology
and personnel between the two countries. It will also contribute to the tax
stability and facilitate mutual cooperation."