Article 1 - Persons Covered - Korea

Synthesised Text OF THE MULTILATERAL CONVENTION TO IMPLEMENT TAX TREATY RELATED MEASURES TO PREVENT BASE EROSION AND PROFIT SHIFTING (MLI) AND THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME General disclaimer on the Synthesised text document This document presents the synthesised text for the application of the Agreement between the Government of the Republic of India and the Government of the Republic of Korea for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income signed on 18th May, 2015 (the Agreement ), as modified by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed by the Republic of India and the Republic of Korea on 7th June, 2017 (the MLI ). This document was prepared jointly by the Competent Authorities of the Republic of India and the Republic of Korea and represents their shared understanding of the modifications made to the Agreement by the MLI. The document was prepared on the basis of the MLI position of the Republic of India submitted to the Depositary (the Secretary-General of the Organisation for Economic Co-operation and Development) upon ratification on 25th June, 2019 and of the MLI position of the Republic of Korea submitted to the Depositary upon ratification on 13th May, 2020. These MLI positions are subject to modifications as provided in the MLI. Modifications made to MLI positions could modify the effects of the MLI on this Agreement. The sole purpose of this document is to facilitate the understanding of the application of the MLI to the Agreement and the document does not constitute a source of law. The authentic legal texts of the Agreement and the MLI take precedence and remain the legal texts applicable. The provisions of the MLI that are applicable with respect to the provisions of the Agreement are included in boxes throughout the text of this document in the context of the relevant provisions of the Agreement. Changes to the text of the provisions of the MLI have been made to conform the terminology used in the MLI to the terminology used in the Agreement (such as changes from Covered Tax Agreement to Agreement and changes from Contracting Jurisdiction to Contracting State ), to ease the comprehension of the provisions of the MLI. Similarly, changes have been made to parts of provisions of the MLI that describe existing provisions of the Agreement by replacing such descriptive language with the article and paragraph numbers or language of the existing provisions. These changes are intended to increase the readability of the document and are not intended to change the substance of the provisions of the MLI. In all cases, references made to the provisions of the Agreement or to the Agreement must be understood as referring to the provisions of the Agreement as modified by the provisions of the MLI, provided such provisions of the MLI have taken effect. References The authentic legal texts of the MLI can be found at the following link: http://www.oecd.org/tax/treaties/multilateral-convention-to-implement-tax-treaty-related-easures-to-prevent-BEPS.pdf The authentic legal texts of the Agreement can be found at the following link: https://www.incometaxindia.gov.in/Pages/international-taxation/dtaa.aspx http://www.law.go.kr/trtyInfoP.do?mode=4 trtySeq=12259 vSct=%EC%9D%B8%EB%8F%84 The MLI position of the Republic of India submitted to the Depositary upon ratification on 25th June, 2019 and the MLI position of the Republic of Korea submitted to the Depositary upon ratification on 13th May, 2020 can be found on the MLI Depositary (OECD) webpage. Entry into Effect of the MLI Provisions The provisions of the MLI applicable to this Agreement do not take effect on the same dates as the original provisions of the Agreement. Each of provisions of the MLI could take effect on different dates, depending on the types of taxes involved (taxes withheld at source or other taxes levied) and on the choices made by the Republic of India and the Republic of Korea in their MLI positions. Dates of the deposit of instruments of ratification: 25th June, 2019 for the Republic of India and 13 th May, 2020 for the Republic of Korea. Entry into force of the MLI: 01st October, 2019 for the Republic of India and 01st September, 2020 for the Republic of Korea. The provisions of the MLI shall have effect in each Contracting State with respect to the Agreement: i) in the Republic of India: A. with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after the first day of the next taxable period that begins on or after 01st September 2020; and B. with respect to all other taxes levied by India, for taxes levied with respect to taxable periods beginning on or after 01st March, 2021; and ii) in the Republic of Korea: A. with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after 01st January, 2021; and B. with respect to all other taxes levied by Korea, for taxes levied with respect to taxable periods beginning on or after 01st March, 2021. The Government of the Republic of India and the Government of the Republic of Korea, desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and with a view to promoting economic cooperation between the two countries, The following preamble text described in paragraph 1 of Article 6 of the MLI is included in the preamble of the Agreement: ARTICLE 6 OF THE MLI Purpose of a Covered Tax Agreement Intending to eliminate double taxation with respect to the taxes covered by [this Agreement] without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in [this Agreement] for the indirect benefit of residents of third jurisdictions), have agreed as follows: ARTICLE 1 PERSONS COVERED This Agreement shall apply to persons who are residents of one or both of the Contracting States.