This document discusses triangular tax cases that involve three countries and the application of double tax treaties between those countries. It defines triangular cases as situations where tax incidence on income is triggered in three countries. It outlines two types of triangular cases - Type I cases involve a permanent establishment earning income in a third country, and Type II cases involve an enterprise being a resident of more than two countries. The document analyzes different scenarios that can arise in Type I cases and how the tax treaties between the three countries would apply to eliminate double taxation. It provides examples to illustrate the tax computations under different treaty applications.
NAVI MUMBAI BRANCH OF WIRC OF ICAI
ICAI Intensive Course on International Taxation
Presentation on Understanding tax treaties & credit for double tax including underlying tax credit
NAVI MUMBAI BRANCH OF WIRC OF ICAI
ICAI Intensive Course on International Taxation
Presentation on Understanding tax treaties & credit for double tax including underlying tax credit
The basics about international treaties designed to prevent fiscal evasion, avoid double taxation and more recently to demonstrate compliance with global standards on transparency and the exchange of confidential taxpayer information. Commonly referred to as 'double taxation agreements' there are over 2,000 of this bilateral agreements in existence. www.franhendy.com ; @franhendy; www.facebook.com/franhendy
The remittance of funds abroad from perspective of Income Tax Act, 1961 (“IT Act”) requires a clear understanding of its process flow (right from the applicability of the Act to the procedure in which the funds will be remitted outside India). By way of this presentation, we have tried to simplify the Income Tax provisions for remittance of funds abroad for our readers.
Anti-Treaty Shopping: A Comparative Analysis of the U.S. and OECD Model Tax C...Akunobera
The presentation highlights the key approaches taken by the U.S. and the OECD to combat treaty shopping techniques and highlights key differences between those approaches.
The basics about international treaties designed to prevent fiscal evasion, avoid double taxation and more recently to demonstrate compliance with global standards on transparency and the exchange of confidential taxpayer information. Commonly referred to as 'double taxation agreements' there are over 2,000 of this bilateral agreements in existence. www.franhendy.com ; @franhendy; www.facebook.com/franhendy
The remittance of funds abroad from perspective of Income Tax Act, 1961 (“IT Act”) requires a clear understanding of its process flow (right from the applicability of the Act to the procedure in which the funds will be remitted outside India). By way of this presentation, we have tried to simplify the Income Tax provisions for remittance of funds abroad for our readers.
Anti-Treaty Shopping: A Comparative Analysis of the U.S. and OECD Model Tax C...Akunobera
The presentation highlights the key approaches taken by the U.S. and the OECD to combat treaty shopping techniques and highlights key differences between those approaches.
CHAMBER OF TAX CONSULTANTS
WORKSHOP ON FOREIGN REMITTANCE
Expatriate Taxation-Inbound and Out bound Deputation
Expatriate Meaning
Residential Status under ITA & DTAA & Issues related thereto
Taxability of Remuneration under ITA –
S 5(ii), S 9, S 15 to 17, Article 15 of DTAA
Issues pertaining to Inbound Expat
Issues pertaining to Outbound Expat
E-Government for Economic Development & PlanningGIS Planning
Conference talk about Leveraging Your Web Site for Business Attraction, Virtual Planning, Workforce Development & Transportation Mitigation
Presented at the American Planning Association Annual Conference in Chicago, Illinois – April 16, 2002
CROSS-BORDER TAXATION OF ESTATES
Indian Property held by Foreigners / UK Residents
UK Property held by Foreigners / Indian Residents
Indian Property held by Foreigners / US Residents
US Property held by Foreigners / Indian Residents
Tools of Tax efficiency
Inheritance Tax Treaties
MAZARS Luxembourg - New substance requirements for holding and financing comp...Quentin Van Gansberghe
The OECD BEPS project has rapidly moved to the implementation phase, leaving a new tax environment. This new environment requires businesses to re-evaluate your holding and financing structures, and assess your tax strategy with the aim of developing a sustainable tax framework.
Mazars Luxembourg has hosted a conference to present this new tax environment and to identify adequate strategy(ies). Our guest speaker, Dr. Vikram Chand, Executive Director of the Master of Advanced Studies in International Tax and Executive Program in Transfer Pricing at the University of Lausanne and our Mazars has covered, during this conference, the following three topics:
• The impact of the OECD BEPS and EU Anti Tax Avoidance Package on holding and financing companies;
• The substance requirements for holding activities ; and
• The substance requirements for financing activities, especially, in light of the Actions 8-10 of the BEPS plan and the new Luxembourg transfer pricing circular for intra-group financing activity.
You will find in attachment the slides of this presentation.
For any questions, feel free to contact Dr Vikram Chand (vikram.chand@unil.ch) or Mr François Karolyi (francois.karolyi@mazars.lu)
UN Model Tax Convention Vs OECD Model Tax Convention Significance of Distinctiontaxguru4
As the world moves increasingly towards economic integration and globalization there is a lot of cross border trade, investment and business which will only increase as more and more developing and least developed countries open up their borders for more business with the international community....
Taxation of Non Residents
Need & the Rationale
Residential Status under Income Tax Act, 1961 (ITA) & Foreign Exchange Management Act, 1999 (FEMA)
Non Resident Taxation
Scope of Total Income & Computation of Income
Filing of Return of Income
Exemptions to non-residents
Wealth Tax & Gift Tax
Minimum Alternate Tax for foreign company
Tax Deduction at Source
Section 195, 197 & 206AA
Tax Residency Certificate
Form 15CA/CB
Need & the Rationale
Definition of Non Resident under Foreign Exchange Management Act, 1999 (FEMA) & Income Tax Act, 1961 (ITA)
FEMA & ITA compared
Non Resident taxation
Computation of Income
Minimum Alternate Tax for foreign company
Exemptions to non-residents
Tax Deduction at Source
Wealth Tax & Gift Tax
Tax proposals in Finance Act, 2013 – Amendments & GAAR
Questions & Answers
A Person can be Resident (R) or Non Resident (NR) under both FEMA & I. Tax Acts
A Person can be Resident under one of the Acts & Non Resident under the another
Section 2(v) of FEMA
Section 6 of the ITA, 1961
History of Outbound Investment & Rationale
Liberalization and the rationalization
Automatic Route of Overseas Investment
Approval Route
Eligible Entities for Investment
Other modes of Investment
Post Approval Compliance
Disinvestment / Pledge etc.
Factors Affecting Overseas Investment
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
2. 16th December 2011 P. P. Shah & Associates 2
Overview of Presentation
o Application of DTAA and Tax credit
o Principle of Tax credit vs Application of treaty
o Types of Triangular Cases
o Case Study
3. 16th December 2011 P. P. Shah & Associates 3
Meaning of Triangular Cases
Tax treaties are generally concluded between two States for the purpose of
eliminating or reducing the incidence of double taxation for the residents
of either of the States
More often not only two states but sometimes three or four states could
be part of the same transaction
Tax treaty entered into between two states generally do not cover the
incidence of double taxation involving more than two states
IBFD’s International Tax Glossary describes the expression ‘triangular
cases’ as
“Term used most commonly in the context or relieving double taxation where more
than two (typically three) states are involved. For example, a resident of one state
(State R) has a permanent establishment in another state (State P), which in turn
derives income in the form of dividends, interest or royalties from a third state
(State S), thus raising the issue (if double taxation treaties have been concluded
between the states) which tax treaty should be applied to relieve double taxation in
State S i.e. should the R-P or the R-S treaty are applied
4. 16th December 2011 P. P. Shah & Associates 4
Meaning of Triangular Cases (con’t)
In normal parlance, ‘triangular cases’ refers to a situation involving
applicability of tax treaties where tax incidence on a particular stream of
income is typically triggered in three countries
The income could be passive like capital gains, dividend, interest, etc.
or active like income of the PE from the Source State
The OECD Model Convention (MC) does not provide any general and
consistent solution to the problems raised by typical triangular
transactions
As per OECD, triangular situations occurs generally and frequently in the
banking and insurance sectors
Banks often have foreign branches that may receive interest from third
countries on loans granted to residents of those countries
Offshore branches of insurance companies located in a contracting
state other than its head office are required to have risk-cover capital
and income from such capital (often in the form of shares/bonds)
comes from another contracting state
5. 16th December 2011 P. P. Shah & Associates 5
Types of Triangular Cases
OECD contemplates two types of triangular situations:
Type I - Cases where an enterprise of a contracting state (Resident
State) has a permanent establishment (PE) in another
contracting state (PE State) and such PE earns income
from a third contracting state (Source State)
Type II - Cases where an enterprise qualifies as a resident of more
than two contracting states (Resident States) and such
enterprise earns income from a third contracting state
(Source State)
6. 16th December 2011 P. P. Shah & Associates 6
Application of Treaty to PE & Tax Credit
Article 23 provides for methods for elimination of double taxation
either by the exemption method (Article 23A) or by the credit
method (Article 23B)
To claim exemption under Article 23, one needs to be a resident
of either of the contracting states
Article 1 of the MC states that the Convention shall apply only to
persons who are residents of one or both of the Contracting States
Article 3 (1)(a) of the MC defines ‘person’ and would include an
individual, a company and any other body of persons
7. 16th December 2011 P. P. Shah & Associates 7
Application of Treaty to PE
Article 4(1) of the MC defines the term ‘resident’ of a contracting
state as any person who, under the laws of that State, is liable to
tax therein by reason of his domicile, residence, place of
management or any other criterion of a similar nature, and also
includes that State and any political subdivision or local authority
thereof but does not include any person who is liable to tax in that
State in respect only of income from sources in that State or capital
situated therein
Article 4(3) of the MC provides for situation wherein a person
other than an individual is a resident of both the contracting
states?
The person shall be deemed to be a resident only of the State in
which its place of effective management is situated
8. Types of Triangular Cases - Type I
8
Facts
An enterprise of a contracting state
(Residence State) carries on its
business through a PE in another
contracting state (PE State) and earns
income from a third state (Source
State)
Issues
Whether PE State to give credit for
taxes paid in Source State?
If yes, which tax treaty to apply i.e.
Source State-PE State or Source State-
Residence State?
Source State
(S)
PE State
(P)
Residence
State
(R)
Income
Income
16th December 2011 P. P. Shah & Associates
9. Type I – No Treaty exist between States S, P & R
Source State would claim the right to
tax income arising in that State -
Source based taxation
(Tax payable: 40% of 40 = 16)
PE State would claim the right to tax
income attributable to a PE of a non-
resident operating in that State
(Tax payable: 50% of (40+60) = 50)
Residence State would claim the right
to tax all its residents on their global
income - Residence based taxation
(Tax payable: 60% of (40+60+100) =
120) 9
Source State
(S)
PE State
(P)
Residence
State
(R)
Income: 40 Tax rate: 40%
Income: 60
Income: 100
Tax rate: 50%
Tax rate: 60%
16th December 2011 P. P. Shah & Associates
10. Type I (con’t) – Treaty exist between States S, P & R
10
Method State
Residence
State P where
PE located
State of
Source
• Income where no treaty
amongst the countries
• Taxed • Taxed • Taxed
• Income where treaty
between R & S similar to
Article 23B
• Credit for
tax paid in
S
• Taxed • Taxed
• Income where treaty
between R & S similar to
Article 23A
• Exempt –
No credit
• Taxed • Taxed
• Income where treaty
between R & PE similar
to Article 23A
• No credit • Exempt • Taxed
16th December 2011 P. P. Shah & Associates
11. R – P State Treaty (Non-discrimination)
11
Article 24(3) of the OECD Model provides:
“The taxation of a PE which an enterprise of a Contracting State has in the other
Contracting State shall not be less favorably levied in that other State than the taxation
levied on enterprises of that State carrying on the same activities.”
• Tax on PE must not be less favorably levied in State P than the tax levied on enterprises
resident in State P
• If resident of P claims credit for the taxes paid in State S , it should be consequently
possible for PEs of enterprises of the other Contracting States
• However, State P would have to apply the S-P treaty unilaterally to the PEs
• Hence a question remains that the PE enjoys the same treatment as residents in State P,
but it is not treaty entitled and the treaty S - P in the Source State is not applicable.
16th December 2011 P. P. Shah & Associates
12. Taxable Event in Source State
12
Options with Source State:
a. If no Treaty, apply domestic tax law
b. If Treaty, which Treaty may apply S – PE or S – R?
S – R Treaty applies as PE State is not the Resident State
16th December 2011 P. P. Shah & Associates
13. Taxable Event in PE State
13
Options with PE State:
a. If no Treaty, apply domestic tax law
b. If Treaty, which Treaty may apply for source of income
in S State: PE - S or PE – R?
PE – S Treaty does not apply on account of Article 4(1)
PE – R Treaty will apply but no source in R State; hence
non-discrimination under Article 24(3) applies and credit
may be given of taxes paid in S State
16th December 2011 P. P. Shah & Associates
14. Taxable Event in PE State (con’t)
14
Option for Tax Credit:
a. Tax paid in S State on unilateral basis
b. Tax credit as per PE – S Treaty
c. Tax credit as per S – R Treaty
Tax credit as per S – R Treaty will apply on account of
Article 24(3) of PE – R Treaty
16th December 2011 P. P. Shah & Associates
15. Taxable Event in Residence State
15
Options with Residence State:
a. If no Treaty, apply domestic tax law
b. If Treaty, which Treaty may apply R - S or R – PE?
R State is bound by both Treaties:
a. R - S Treaty will apply and R State would give credit for
taxes paid in S State; need to ensure that no double relief is
provided i.e. taxes paid in S State and PE State (Article 23)
b. R – PE Treaty will apply as income of PE is taxable
16th December 2011 P. P. Shah & Associates
16. Types of Triangular Cases – Example
16
Particulars Residence
State
PE State Source
State
Total
Tax Rate 60% 50% 40%
Income 100 60 40 200
Taxes on above 60 30 16 106
Total Income (all inclusive) 200 100 40 200
Tax on above 120 50 16 186
Credit of taxes paid in Source State
Tax payable 50
Scenario 1 – Exemption Method NIL
Scenario 2 – Credit Method (40*40%) 16
16th December 2011 P. P. Shah & Associates
17. Types of Triangular Cases – Example
17
Particulars Residence
State
PE State Source
State
Total
Tax Rate 60% 50% 40%
Income 100 60 40 200
Taxes on above 60 30 16 106
Total Income (all inclusive) 200 100 40 200
Tax on above 120 50 16 186
Credit of taxes paid in PE State
Tax payable 120
Scenario 1 – Exemption Method NIL
Scenario 2 – If PE State had exempted Source State
income (60*50%)
30
Scenario 3 – If PE state had granted credit in respect of
Source State income (100*50%) – (40*40%) 34
16th December 2011 P. P. Shah & Associates
18. Types of Triangular Cases – Example
18
Particulars Residence
State
PE State Source
State
Total
Tax Rate 60% 50% 40%
Income 100 60 40 200
Taxes on above 60 30 16 106
Total Income (all inclusive) 200 100 40 200
Tax on above 120 50 16 186
Credit of taxes paid in PE State
Scenario 4 – If Residence State provide credit for taxes
paid in PE State (i.e. 60*50% presuming exemption given
for Source State income) and Source State (40*40%)
46
Scenario 5 – If Residence State provide for taxes paid in
PE State ( 100*50%= 50-16) presuming credit given for
source state income) and Source Sate (40*40%)
50
16th December 2011 P. P. Shah & Associates
19. Types of Triangular Cases - Type II
19
Facts
ABC is incorporated in State B, however, it is
effectively managed from State C
In State B, a company would be a resident if
it is incorporated in that country
In State C, a company would be a resident if
it has a place of effective management in
that country
ABC is receiving dividend from its WOS in
State A
Issues
Whether the dividend received by ABC
would be taxable in State B or State C or
both?
If taxable in both states, who shall provide
credit for the taxes withheld, if any by State
A?
Wholly
Owned
Subsidiary
ABC
Dividend State A
State B
State CPlace of
effective
management
16th December 2011 P. P. Shah & Associates
20. Types of Triangular Cases - Type II
20
Analysis
Under State B-State C tax treaty, ABC
would qualify as a tax resident of State
C
State C is entitled to worldwide
taxation of ABC
In view of above, ABC may not be a tax
resident in State B since ABC would be
liable to be taxed in respect of State B
income only (as per State B-State C tax
treaty)
Hence the tax treaty between State A-
State B may not apply
Wholly
Owned
Subsidiary
ABC
Dividend State A
State B
State CPlace of
effective
management
16th December 2011 P. P. Shah & Associates
21. Case Study – Type II
21
XYZ Pte Ltd is company incorporated in
Singapore, however, it has no business
operations in Singapore
XYZ Pte Ltd has branch office in Japan,
which derives income from Japan as well as
from Korea
Korean income is subject to tax under its
domestic laws
Issues
XYZ Pte Ltd wants to limit/ eliminate the
Korean tax by applying the tax treaty?
Which tax treaty would be applicable?
Singapore/Korea treaty
Japan/Korea treaty
XYZ Pte Ltd Singapore
BO
Japan
Korea
Derives
Income
16th December 2011 P. P. Shah & Associates