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Ireland And India Sign Pact On Double Taxation
Lisa Ugur, Tax-news.com, London

08 November 2000

India and Ireland earlier this week signed a convention for avoidance of double taxation and for prevention of fiscal evasion with respect to taxes on income and capital gains. The convention was signed in India by the chairman of India's Central Board of Direct Taxes (CBDT), Mr A Balasubramanian, and Irish Ambassador to India Mr Philip McDonagh.

In the case of India, the convention will cover income tax. For Ireland, it will encompass income tax, corporation tax and capital gains tax (corporation and capital gains tax is included in income tax in India). The convention provides for a taxation rate of 10 per cent instead of the current domestic rate of 20 per cent in India in respect of interest, royalties and fees for technical services.

It also provides for dividends to be taxed at the rate of 10 per cent. Under the Indian income tax law, dividends are not taxed at the level of the shareholder but are subject to a withholding tax on the company paying the dividends.

According to the convention, capital gains from alienation of shares of a company will be taxable in the country where the company is resident. Double taxation will be avoided by the giving of credits in one country for taxes paid by its nationals in the other country.

The convention also provides for exchange of information in cases that are under investigation in either India or Ireland.

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