The tax treaty between India and Mauritius was signed in in keeping with India’s strategic interests in the Indian Ocean and India’s close cultural links with . not taxable in India under the provisions of the Double Taxation Avoidance Agreement (tax treaty) between India and Mauritius. In detail. Facts. The country that is next in line is Singapore with a FDI inflow to India in the same period amounting to INR , crores. While Mauritius accounts for 34% of.

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Thank you for your comment, we value your opinion and the time you took to write to us! Further, where such resident is a company by which surtax is payable in India, the credit aforesaid shall be allowed in the first instance against income-tax payable by the company in India and as to the balance, if any, against surtax payable by it in India.

However, this exemption shall apply only if such interest arises from debt- claims ibdia on or before 31 st March, Think Live Work Play.

Click to view the institutions registered under section 80G, 12 A and more. This assistance is not restricted by Article 1 and 2.

India-Mauritius DTAA amendments – a Bird’s eye view | Taxsutra

Retrieved 13 July Where, at any time after a request has been made by a Contracting State under paragraph 3 mauritihs 4 and before the other Contracting State has collected and remitted the relevant revenue claim to the first-mentioned State, the relevant revenue claim ceases to be —. Where income is derived from personal activities exercised by an entertainer or an athlete in his capacity as such, and accrues not to the entertainer or athlete himself but to another person, that income may, notwithstanding the provisions of articles 7, 14 and 15, be taxed in the State in which the activities of the entertainer or athlete are exercised.

The tax payer is entitled in law to seek the benefit indai the DTAA if the provision therein is more advantageous than the corresponding provision in the domestic law. This Protocol shall enter into force on the date of the later of these notifications. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes.


Retrieved 11 July However, subject to provisions of paragraphs 3, 3A and 4 of this Article, such interest may also be taxed in the Contracting State in which it xnd, and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 7.

Notwithstanding the provisions of paragraph 2, dividends paid by a company which is a resident of Mauritius to a resident of India may be taxed in Mauritius and according to the laws of Mauritius, as long as dividends paid by companies which are residents of Mauritius are allowed as deductible expenses for determining their taxable profits.

A significant side effect of this amendment will be felt in the India Singapore DTAA which has a clause that provides tax benefits in respect of capital gains to Singapore based companies.

The provisions of paragraph 1 shall apply to income derived from the direct use letting, or use in any other form of immovable property.

Azadi Bachao Andolan, cited supra, in the following passage: Prev Far-reaching implications of the Mauritius protocol. Where the correct amount of profits attributable to a permanent establishment cannot be readily determined or the determination thereof presents exceptional difficulties, the profits attributable to the permanent establishment may be estimated on a reasonable basis.

The existing taxes to which this Convention shall apply are: This approach has resulted in significant long-drawn litigation in a number of cases involving investments in India through Mauritius.

Interest arising in a Contracting State shall be exempt from tax in that State provided it is derived and beneficially owned by: EY Global Limited, a UK company, which is limited by guarantees, does not provide services to clients.


The phasing out of such tax benefits in the India Mauritius DTAA would mean that benefits in respect of capital gains from the sale of shares in an Indian company would no longer be available to Singapore residents after the new provisions come into effect on the 1 st of April Toggle navigation Home About Us.

The Double Tax Avoidance Agreement between India and Mauritius

Tax avoidance India—Mauritius relations Taxation in India. If he has such a fixed base, the income may be taxed in the other Contracting State but only so much of it as is attributable to that fixed base. Article 13 Capital Gains of the Convention shall be amended with effect from 1. In the application of the provisions of this Convention by a Contracting State, any andd not defined therein shall, unless the context otherwise requires have the meaning which it has under the laws in force of that Contracting State relating to the areas which are mauritiys subject of this Convention.

Mauritius route

Subscribe to Updates via Email Enter your email address to subscribe to our updates and receive notifications of new posts by email. As India nidia the doors of its economy to foreign investment inMauritius became a favourite jurisdiction for channelling investments into India.

The term “annuity” means a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time, under an obligation to make the payments in return for adequate and full consideration in money or money’s worth. The bettween authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding maurktius.

This Convention shall apply to persons who are residents of one or both of the Contracting States.