Article 22 - Elimination of Double Taxation - Finland

ARTICLE 22 ELIMINATION OF DOUBLE TAXATION 1. Subject to the provisions of Finnish law regarding the elimination of international double taxation (which shall not affect the general principle hereof), double taxation shall be eliminated in Finland as follows: (a) Where a resident of Finland derives income which, in accordance with the provisions of this Agreement, may be taxed in India, Finland shall, subject to the provisions of sub- paragraph (b), allow as a deduction from the Finnish tax of that person, an amount equal to the Indian tax paid under Indian law and in accordance with the Agreement, as computed by reference to the same income by reference to which the Finnish tax is computed. (b) Dividends paid by a company being a resident of India to a company which is a resident of Finland and which controls directly at least 10 per cent of the voting power in the company paying the dividends shall be exempt from Finnish tax. 2. In India double taxation shall be eliminated as follows: Where a resident of India derives income which, in accordance with the provisions of this Agreement, may be taxed in Finland, India shall allow as a deduction from the tax on the income of that resident, an amount equal to the tax paid in Finland. Such deduction shall not, however, exceed that portion of the tax as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Finland. 3. Where in accordance with any provision of the Agreement income derived by a resident of a Contracting State is exempt from tax in that Contracting State, that State may nevertheless, in calculating the amount of tax on the remaining income of such person, take into account the exempted income.