Article 11 - Dividends - Great Britain and Northern Ireland (Old - Effective upto 10-02-1994)

ARTICLE 11 Dividends 1. (a) A dividend paid by a company which is a resident of the United Kingdom to a resident of India may be taxed in India. (b) Where under paragraph 2 of this Article, a resident of India is entitled to a tax credit in respect of that dividend, tax may also be charged in the United Kingdom and according to the laws of the United Kingdom on the aggregate of the amount or value of the dividend and the amount of the tax credit, at a rate not exceeding 15 per cent. (c) Except as provided in sub-paragraph (b) of this paragraph a dividend derived from a company which is a resident of the United Kingdom by a resident of India, who is the beneficial owner of that dividend shall be exempt from any tax in the United Kingdom which is chargeable on dividends. 2. A resident of India who receives a dividend from a company which is a resident of the United Kingdom shall, subject to the provisions of paragraph 3 of this Article and provided he is the beneficial owner of the dividend, be entitled to the tax credit in respect of that dividend which an individual resident in the United Kingdom would have been entitled to had he received that dividend, and to the payment of any excess of that tax credit over his liability to United Kingdom tax. 3. Paragraph 2 of this Article shall not apply where the beneficial owner of the dividend is a company which either alone or together with one or more associated companies controls directly or indirectly at least 10 per cent. of the voting power in the company paying the dividend. For this purpose two companies shall be deemed to be associated if one is controlled directly or indirectly by the other, or both are controlled directly or indirectly by a third company. 4. A dividend paid by a company which is a resident of India to a resident of the United Kingdom may be taxed in the United Kingdom. The dividend may also be taxed in India but, where the dividend relates in whole or in part to a new contribution, the Indian tax so charged shall not exceed 15 per cent. of the gross amount of the dividend attributable to the new contribution. 5. The preceding paragraphs of this Article shall not affect the taxation of the company in respect of the profits out of which the dividend is paid. 6. The provisions of paragraphs 1, 2 and 3 or, as the case may be, paragraph 4 of this Article shall not apply if the beneficial owner of the dividend, being a resident of a Contracting State, as in the other Contracting State of which the company paying the dividend is a resident, a permanent establishment or fixed base with which the holding by virtue of which the dividend is paid is effectively connected. In such a case the provisions of Article 7 (Business profits) or Article 15 (Independent personal services), as the case may be, shall apply. 7. Where a company which is a resident of a Contracting State, derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State nor subject the company's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in that other State. 8. As used in this Article, the term dividend means income from shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights treated in the same manner as income from shares by the taxation law of the State of which the company making the distribution is a resident and any other item (other than interest which falls within the provisions of Article 12) treated as a dividend or distribution under that law. 9. As used in paragraph 4 of this Article the term new contribution means any share capital, other than bonus shares, issued after the date of entry into force of this Convention by a company which is a resident of India, and beneficially owned by a resident of the United Kingdom.