Article 1 - Personal Scope - Belgium

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 KINGDOM OF BELGIUM FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME SIGNED AT BRUSSELS ON 26 APRIL 1993 This document was prepared in consultation between the competent authorities of Belgium and India. 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 Kingdom of Belgium for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed on 26 April 1993 (the Agreement ), as modified by the Multilateral Agreement to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed by Belgium and India on 7 June 2017 (the MLI ). The document was prepared on the basis of the MLI position of India submitted to the Depositary upon ratification on 25 June 2019 and of the MLI position of Belgium submitted to the Depositary upon ratification on 26 June 2019. 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 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. The boxes containing the provisions of the MLI have generally been inserted in accordance with the ordering of the 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 Covered Tax Agreement and Agreement , Contracting Jurisdictions and Contracting States ), to ease the comprehension of the provisions of the MLI. The changes in terminology are intended to increase the readability of the document and are not intended to change the substance of the provisions of the MLI. Similarly, changes have been made to parts of provisions of the MLI hat describe existing provisions of the Agreement: descriptive language has been replaced by legal references of the existing provisions to ease the readability. In all cases, references made to the provisions of the Agreement or to the Agreement must be understood as referring to 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 (in English) can be found on the MLI Depository (OECD) webpage at the following link: The MLI: http://www.oecd.org/tax/treaties/multilateral-convention-to-implement-tax-treaty-related- measures-to-prevent-BEPS.pdf The authentic legal text of the Agreement can be found at the following link: In Belgium (in French and Dutch): http://reflex.raadvst-consetat.be/reflex/pdf/Mbbs/1998/05/26/50482.pdf In India (in English): https://incometaxindia.gov.in/Pages/international-taxation/dtaa.aspx The MLI position of India submitted to the Depositary upon ratification on 25 June 2019 and of the MLI position of Belgium submitted to the Depositary upon ratification on 26 June 2019 can be found on the MLI Depositary (OECD) webpage. Disclaimer on the entry into effect of the provisions of the MLI 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 Belgium and India in their MLI positions. Dates of the deposit of instruments of ratification: 25 June 2019 for India and 26 June 2019 for Belgium. Entry into force of the MLI: 1 October 2019 for both India and Belgium. Unless it is stated otherwise elsewhere in this document, the provisions of the MLI have effect with respect to the Agreement: - in India 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 1 April 2020; - in Belgium 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 1 January 2020; - in Belgium and India with respect to all other taxes on income, for taxes levied with respect to taxable periods beginning on or after 1 April 2020. THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE KINGDOM OF BELGIUM FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Government of the Republic of India and The Government of the Kingdom of Belgium, Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income; The following paragraph 1 of Article 6 of the MLI is included in the preamble of this 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: CHAPTER I. - SCOPE OF THE AGREEMENT ARTICLE 1 PERSONAL SCOPE This Agreement shall apply to persons who are residents of one or both of the Contracting States. The following paragraph 1 of Article 11 of the MLI applies and supersedes the provisions of this Agreement: ARTICLE 11 OF THE MLI APPLICATION OF TAX AGREEMENTS TO RESTRICT A PARTY S RIGHT TO TAX ITS OWN RESIDENTS [1] [This Agreement]. shall not affect the taxation by a [Contracting State] of its residents, except with respect to the benefits granted under [Article 9 of this Agreement as modified by paragraph 1 of Article 17 of the MLI, and Articles 19, 20, 21, 23, 24, 25, and 28 of this Agreement]. FOOTNOTES: 1 . The texts of the boxes in [Square brackets] and in italics indicate minor terminology changes made to the text of the MLI