Sunday, December 25, 2011

DTAA

- Double taxation is the systematic imposition of two or more taxes on the same income (in the case of income taxes), asset (in the case of capital taxes), or financial transaction (in the case of sales taxes).

- International double taxation agreements:
* In some cases, this requires that tax be paid in the country of residence and be exempt in the country in which it arises.
* In the remaining cases, the country where the gain arises deducts taxation at source ("withholding tax") and the taxpayer receives a compensating foreign tax credit in the country of residence to reflect the fact that tax has already been paid.

- European Union savings taxation:
* member states have concluded a multilateral agreement on information exchange

- Cyprus double tax treaties:
* Cyprus has concluded 34 double tax treaties which apply to 40 countries

- German taxation avoidance
* If a foreign citizen is in Germany for less than a relevant 183-day period (approximately six months) and is tax resident (i.e., and paying taxes on his or her salary and benefits) elsewhere, then it may be possible to claim tax relief under a particular Double Tax Treaty.

- India:
* India has comprehensive Double Taxation Avoidance Agreements (DTAA ) with 79 countries
* Under the Income Tax Act 1961 of India, there are two provisions, Section 90 and Section 91, which provide specific relief to taxpayers to save them from double taxation
* Section 90 is for taxpayers who have paid the tax to a country with which India has signed DTAA, while Section 91 provides relief to tax payers who have paid tax to a country with which India has not signed a DTAA.
* According to the tax treaty between India and Mauritius, capital gains arising from the sale of shares are taxable in the country of residence of the shareholder and not in the country of residence of the company whose shares have been sold
* Therefore, a company resident in Mauritius selling shares of an Indian company will not pay tax in India. Since there is no capital gains tax in Mauritius, the gain will escape tax altogether.
* India has and is making attempts to revise both the Mauritius and Cyprus tax treaties to eliminate this favourable treatment of capital gains tax.

- United States:
U.S. citizens and resident aliens abroad:
* The U.S. requires its citizens to file tax returns reporting their earnings wherever they reside. but some measures to avaoid double taxation:
1. an individual who is a bona fide resident of a foreign country or is physically outside the United States for an extended time is entitled to an exclusion (exemption) of part or all of their earned income (i.e. personal service income, as distinguished from income from capital or investments.) That exemption is $91,400 for 2009, pro-rated.
2. he United States allows a foreign tax credit by which income taxes paid to foreign countries can be offset against U.S. income tax liability attributable to foreign income. This can be a complex issue that often requires the services of a tax advisor.

Double taxation within the United States:
* Tax on Intangible personal property when a person dies - (does not exceed 100%) - can be taxed my multiple states claiming domicile.

- 'Double taxation' of Corporate dividends
- Pass-through taxation - opposite of double taxation

No comments:

Post a Comment