A tax treaty, also known as a double tax treaty or a tax agreement, is a bilateral agreement between two countries that aims to prevent double taxation of income earned by residents of one country in the other country. It establishes the rules for taxing different types of income, such as wages, dividends, and capital gains, and specifies the procedures for resolving disputes between the two countries.
For non-resident Indians (NRIs), tax treaties play a significant role in determining how their income is taxed in both their home country and the country where they are earning income. Here’s how tax treaties work for NRIs:
Determining the residential status: The first step in determining the tax liability of an NRI is to determine their residential status. This is important because tax treaties apply only to residents of the countries that are party to the treaty. Generally, an NRI is considered a resident of the country where they are working if they have spent more than 182 days in that country during the financial year.
Avoidance of double taxation: The main purpose of a tax treaty is to avoid double taxation of the same income in two different countries. Tax treaties achieve this by allocating the taxing rights between the two countries. For instance, a tax treaty may provide that the income earned by an NRI in a foreign country will be taxed only in that country, and not in their home country. Alternatively, the treaty may provide that the income will be taxed in both countries, but the home country will provide relief for the taxes paid in the foreign country.
Taxation of different types of income: Tax treaties also specify the rules for taxing different types of income. For instance, a tax treaty may provide that income from employment will be taxed in the country where the employment is exercised, whereas income from real estate will be taxed in the country where the property is located. This ensures that the income is taxed only once, and not twice.
Withholding tax rates: Tax treaties also provide for reduced withholding tax rates for certain types of income. Withholding tax is the tax deducted at source by the payer of the income, and it is a common way of collecting taxes on income earned by non-residents. For instance, a tax treaty may provide that the withholding tax rate on dividends paid to an NRI will be reduced from the standard rate of 30% to, say, 10%.
Tax residency certificates: To avail of the benefits of a tax treaty, an non-resident Indians (NRIs), may need to provide a tax residency certificate issued by the tax authorities of their home country. This certificate establishes that the non-resident Indians (NRIs), is a resident of the home country and is eligible to claim the benefits under the tax treaty. Without a tax residency certificate, the non-resident Indians (NRIs), may be subject to higher tax rates in the foreign country.
Dispute resolution: Tax treaties also provide for mechanisms to resolve disputes between the tax authorities of the two countries. If an non-resident Indians (NRIs), is taxed in violation of the tax treaty, they can seek relief under the dispute resolution mechanism. This may involve mutual agreement procedures between the tax authorities, arbitration, or court proceedings.
In conclusion, tax treaties play a crucial role in determining the tax liability of NRIs who are earning income in a foreign country. By providing rules for the allocation of taxing rights, taxation of different types of income, and reduced withholding tax rates, tax treaties help to prevent double taxation of the same income in two different countries. However, it is important for non-resident Indians (NRIs), to understand the provisions of the tax treaty between their home country and the foreign country and to comply with the requirements, such as obtaining a tax residency certificate, to avail of the benefits of the treaty.
As a CA firm based in Gurgaon and Faridabad, we specialize in providing tax services to non-resident Indians (NRIs). Our team of experienced tax consultants understands the unique tax challenges faced by NRIs and is equipped to handle all of their tax-related needs.
Our NRI tax services include tax planning and advisory, tax return preparation and filing, assistance with obtaining tax residency certificates, and resolving any tax-related disputes with the Indian tax authorities. We also provide guidance on foreign asset reporting requirements and other compliance issues.
At our CA firm, we strive to provide personalized and timely service to all of our clients. Our goal is to help NRIs navigate the complex Indian tax system and optimize their tax obligations
You can reach out to us mail@nbaoffice.com
