9911796707
TMI BlogCentral Government notifies Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shiftingX X X X Extracts X X X X X X X X Extracts X X X X ..... day of June, 2019; And whereas, the date of entry into force of the said Convention for India is the 01st day of October, 2019, being the first day of the month following the expiration of a period of three calendar months beginning on the 25th day of June, 2019 being the date of deposit by India of the instrument of ratification, in accordance with para 2 of Article 34 of the said Convention; And whereas, the provisions of the said Convention shall have effect in India with respect to a Covered Tax Agreement in accordance with provisions of Article 35 of the said Convention; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that the provisions of the said Convention shall be given effect to in the Union of India, in accordance with India's Position under the said Convention, as set out in the Annexure hereto. ANNEXURE MULTILATERAL CONVENTION TO IMPLEMENT TAX TREATY RELATED MEASURES TO PREVENT BASE EROSION AND PROFIT SHIFTING The Parties to this Convention, Recognising that governments lose substantial corporate tax revenue because of aggressive international ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties to an agreement described above and for whose international relations a Party is responsible; and ii) with respect to which each such Party has made a notification to the Depositary listing the agreement as well as any amending or accompanying instruments thereto (identified by title, names of the parties, date of signature, and, if applicable at the time of the notification, date of entry into force) as an agreement which it wishes to be covered by this Convention. b) The term "Party" means: i) A State for which this Convention is in force pursuant to Article 34 (Entry into Force); or ii) A jurisdiction which has signed this Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval) and for which this Convention is in force pursuant to Article 34 (Entry into Force). c) The term "Contracting Jurisdiction" means a party to a Covered Tax Agreement. d) The term "Signatory" means a State or jurisdiction which has signed this Convention but for which the Convention is not yet in force. 2. As regards the application of this Convention at any time by a Party, any term not defined herein shall, unless ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that already contain a provision described in paragraph 4; c) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which denies treaty benefits in the case of income derived by or through an entity or arrangement established in a third jurisdiction; d) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements; e) for paragraph 1 not to apply to its Covered Tax Agreements that already contain a provision described in paragraph 4 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements and denies treaty benefits in the case of income derived by or through an entity or arrangement established in a third jurisdiction; f) for paragraph 2 not to apply to its Covered Tax Agreements; g) for paragraph 1 to apply only to its Covered Tax Agreements that already contain a provision described in paragraph 4 which identifies in detail the treatment of specific fact patterns and types of entities or arrangements. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ically addressing the residence of companies participating in dual-listed company arrangements. 3. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by requiring the competent authorities of the Contracting Jurisdictions to endeavour to reach mutual agreement on a single Contracting Jurisdiction of residence; c) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by denying treaty benefits without requiring the competent authorities of the Contracting Jurisdictions to endeavour to reach mutual agreement on a single Contracting Jurisdiction of residence; d) for the entirety of this Article not to apply to its Covered Tax Agreements that already address cases where a person other than an individual is a resident of more than one Contracting Jurisdiction by requiring the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or capital may be taxed. In the latter case, the first-mentioned Contracting Jurisdiction shall allow as a deduction from the tax on the income or capital of that resident an amount equal to the tax paid in that other Contracting Jurisdiction. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such items of income or capital which may be taxed in that other Contracting Jurisdiction. 3. Paragraph 2 shall apply to a Covered Tax Agreement that would otherwise require a Contracting Jurisdiction to exempt income or capital described in that paragraph. Option B 4. Provisions of a Covered Tax Agreement that would otherwise exempt income derived by a resident of a Contracting Jurisdiction from tax in that Contracting Jurisdiction for the purpose of eliminating double taxation because such income is treated as a dividend by that Contracting Jurisdiction shall not apply where such income gives rise to a deduction for the purpose of determining the taxable profits of a resident of the other Contracting Jurisdiction under the laws of that other Contracting Jurisdiction. In such case, the first-mentioned Contra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph 1 may reserve the right for the entirety of this Article not to apply with respect to one or more identified Covered Tax Agreements (or with respect to all of its Covered Tax Agreements). 9. A Party that does not choose to apply Option C may reserve the right, with respect to one or more identified Covered Tax Agreements (or with respect to all of its Covered Tax Agreements), not to permit the other Contracting Jurisdiction(s) to apply Option C. 10. Each Party that chooses to apply an Option under paragraph 1 shall notify the Depositary of its choice of Option. Such notification shall also include: a) in the case of a Party that chooses to apply Option A, the list of its Covered Tax Agreements which contain a provision described in paragraph 3, as well as the article and paragraph number of each such provision; b) in the case of a Party that chooses to apply Option B, the list of its Covered Tax Agreements which contain a provision described in paragraph 5, as well as the article and paragraph number of each such provision; c) in the case of a Party that chooses to apply Option C, the list of its Covered Tax Agreements which contain a provision described in parag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to that preamble language, such preamble language shall be replaced by the text described in paragraph 1. In other cases, the text described in paragraph 1 shall be included in addition to the existing preamble language. 6. Each Party that chooses to apply paragraph 3 shall notify the Depositary of its choice. Such notification shall also include the list of its Covered Tax Agreements that do not already contain preamble language referring to a desire to develop an economic relationship or to enhance co-operation in tax matters. The text described in paragraph 3 shall be included in a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply that paragraph and have made such a notification with respect to the Covered Tax Agreement. Article 7 - Prevention of Treaty Abuse 1. Notwithstanding any provisions of a Covered Tax Agreement, a benefit under the Covered Tax Agreement shall not be granted in respect of an item of income or capital if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Party may also choose to apply the provisions contained in paragraphs 8 through 13 (hereinafter referred to as the "Simplified Limitation on Benefits Provision") to its Covered Tax Agreements by making the notification described in subparagraph c) of paragraph 17. The Simplified Limitation on Benefits Provision shall apply with respect to a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply it. 7. In cases where some but not all of the Contracting Jurisdictions to a Covered Tax Agreement choose to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6, then, notwithstanding the provisions of that paragraph, the Simplified Limitation on Benefits Provision shall apply with respect to the granting of benefits under the Covered Tax Agreement: a) by all Contracting Jurisdictions, if all of the Contracting Jurisdictions that do not choose pursuant to paragraph 6 to apply the Simplified Limitation on Benefits Provision agree to such application by choosing to apply this subparagraph and notifying the Depositary accordingly; or b) only by the Contracting Jurisdictions that choose to apply the Simplified Limitation on Benefits Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction that is treated as a separate person under the taxation laws of that Contracting Jurisdiction and: A) that is established and operated exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals and that is regulated as such by that Contracting Jurisdiction or one of its political subdivisions or local authorities; or B) that is established and operated exclusively or almost exclusively to invest funds for the benefit of entities or arrangements referred to in subdivision A); e) a person other than an individual, if, on at least half the days of a twelve-month period that includes the time when the benefit would otherwise be accorded, persons who are residents of that Contracting Jurisdiction and that are entitled to benefits of the Covered Tax Agreement under subparagraphs a) to d) own, directly or indirectly, at least 50 per cent of the shares of the person. 10. a) A resident of a Contracting Jurisdiction to a Covered Tax Agreement will be entitled to benefits of the Covered Tax Agreement with respect to an item of income derived from the other Contracting Jurisdiction, regardless of whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Contracting Jurisdiction to a Covered Tax Agreement is neither a qualified person pursuant to the provisions of paragraph 9, nor entitled to benefits under paragraph 10 or 11, the competent authority of the other Contracting Jurisdiction may, nevertheless, grant the benefits of the Covered Tax Agreement, or benefits with respect to a specific item of income, taking into account the object and purpose of the Covered Tax Agreement, but only if such resident demonstrates to the satisfaction of such competent authority that neither its establishment, acquisition or maintenance, nor the conduct of its operations, had as one of its principal purposes the obtaining of benefits under the Covered Tax Agreement. Before either granting or denying a request made under this paragraph by a resident of a Contracting Jurisdiction, the competent authority of the other Contracting Jurisdiction to which the request has been made shall consult with the competent authority of the first-mentioned Contracting Jurisdiction. 13. For the purposes of the Simplified Limitation on Benefits Provision: a) the term "recognised stock exchange" means: i) any stock exchange established and regulated as such und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lely to residents of a Contracting Jurisdiction) only to a resident that qualifies for such benefits by meeting one or more categorical tests. 15. A Party may reserve the right: a) for paragraph 1 not to apply to its Covered Tax Agreements on the basis that it intends to adopt a combination of a detailed limitation on benefits provision and either rules to address conduit financing structures or a principal purpose test, thereby meeting the minimum standard for preventing treaty abuse under the OECD/G20 BEPS package; in such cases, the Contracting Jurisdictions shall endeavour to reach a mutually satisfactory solution which meets the minimum standard; b) for paragraph 1 (and paragraph 4, in the case of a Party that has chosen to apply that paragraph) not to apply to its Covered Tax Agreements that already contain provisions that deny all of the benefits that would otherwise be provided under the Covered Tax Agreement where the principal purpose or one of the principal purposes of any arrangement or transaction, or of any person concerned with an arrangement or transaction, was to obtain those benefits; c) for the Simplified Limitation on Benefits Provision not to apply to it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n subparagraph c) of paragraph 15, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 14, as well as the article and paragraph number of each such provision. d) Each Party that does not choose to apply the Simplified Limitation on Benefits Provision pursuant to paragraph 6, but chooses to apply either subparagraph a) or b) of paragraph 7 shall notify the Depositary of its choice of subparagraph. Unless such Party has made the reservation described in subparagraph c) of paragraph 15, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 14, as well as the article and paragraph number of each such provision. e) Where all Contracting Jurisdictions have made a notification under subparagraph c) or d) with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the Simplified Limitation on Benefits Provision. In other cases, the Simplified Limitation on Benefits Provision shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with the Simplified Limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of a Contracting Jurisdiction from the alienation of shares or other rights of participation in an entity may be taxed in the other Contracting Jurisdiction provided that these shares or rights derived more than a certain part of their value from immovable property (real property) situated in that other Contracting Jurisdiction (or provided that more than a certain part of the property of the entity consists of such immovable property (real property)): a) shall apply if the relevant value threshold is met at any time during the 365 days preceding the alienation; and b) shall apply to shares or comparable interests, such as interests in a partnership or trust (to the extent that such shares or interests are not already covered) in addition to any shares or rights already covered by the provisions. 2. The period provided in subparagraph a) of paragraph 1 shall apply in place of or in the absence of a time period for determining whether the relevant value threshold in provisions of a Covered Tax Agreement described in paragraph 1 was met. 3. A Party may also choose to apply paragraph 4 with respect to its Covered Tax Agreements. 4. For purposes of a Covered Tax Agreement, ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pply paragraph 4 shall notify the Depositary of its choice. Paragraph 4 shall apply to a Covered Tax Agreement only where all Contracting Jurisdictions have made such a notification. In such case, paragraph 1 shall not apply with respect to that Covered Tax Agreement. In the case of a Party that has not made the reservation described in subparagraph f) of paragraph 6 and has made the reservation described in subparagraph a) of paragraph 6, such notification shall also include the list of its Covered Tax Agreements which contain a provision described in paragraph 5, as well as the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made a notification with respect to a provision of a Covered Tax Agreement under this paragraph or paragraph 7, that provision shall be replaced by the provisions of paragraph 4. In other cases, paragraph 4 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 4. Article 10 - Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions 1. Where: a) an enterprise of a Contracting Jurisdiction to a Covered Tax Agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y or limit benefits that would otherwise be granted to an enterprise of a Contracting Jurisdiction which derives income from the other Contracting Jurisdiction that is attributable to a permanent establishment of the enterprise situated in a third jurisdiction. 5. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 4; c) for this Article to apply only to its Covered Tax Agreements that already contain the provisions described in paragraph 4. 6. Each Party that has not made the reservation described in subparagraph a) or b) of paragraph 5 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in paragraph 4, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraphs 1 through 3. In other cases, paragraphs 1 through 3 shall supersede the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or consular post of the other Contracting Jurisdiction; h) which provide that pensions or other payments made under the social security legislation of the other Contracting Jurisdiction shall be taxable only in that other Contracting Jurisdiction; i) which provide that pensions and similar payments, annuities, alimony payments or other maintenance payments arising in the other Contracting Jurisdiction shall be taxable only in that other Contracting Jurisdiction; or j) which otherwise expressly limit a Contracting Jurisdiction's right to tax its own residents or provide expressly that the Contracting Jurisdiction in which an item of income arises has the exclusive right to tax that item of income. 2. Paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement stating that the Covered Tax Agreement would not affect the taxation by a Contracting Jurisdiction of its residents. 3. A Party may reserve the right: a) for the entirety of this Article not to apply to its Covered Tax Agreements; b) for the entirety of this Article not to apply to its Covered Tax Agreements that already contain the provisions described in paragraph 2. 4. Each P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the enterprise in the ordinary course of that business. Where, however, a person acts exclusively or almost exclusively on behalf of one or more enterprises to which it is closely related, that person shall not be considered to be an independent agent within the meaning of this paragraph with respect to any such enterprise. 3. a) Paragraph 1 shall apply in place of provisions of a Covered Tax Agreement that describe the conditions under which an enterprise shall be deemed to have a permanent establishment in a Contracting Jurisdiction (or a person shall be deemed to be a permanent establishment in a Contracting Jurisdiction) in respect of an activity which a person other than an agent of an independent status undertakes for the enterprise, but only to the extent that such provisions address the situation in which such person has, and habitually exercises, in that Contracting Jurisdiction an authority to conclude contracts in the name of the enterprise. b) Paragraph 2 shall apply in place of provisions of a Covered Tax Agreement that provide that an enterprise shall not be deemed to have a permanent establishment in a Contracting Jurisdiction in respect of an activity which an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anent establishment" shall be deemed not to include: a) the activities specifically listed in the Covered Tax Agreement (prior to modification by this Convention) as activities deemed not to constitute a permanent establishment, whether or not that exception from permanent establishment status is contingent on the activity being of a preparatory or auxiliary character, except to the extent that the relevant provision of the Covered Tax Agreement provides explicitly that a specific activity shall be deemed not to constitute a permanent establishment provided that the activity is of a preparatory or auxiliary character; b) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any activity not described in subparagraph a), provided that this activity is of a preparatory or auxiliary character; c) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) and b), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 4. A provision of a Covered Tax Agreement (as it may be modified by para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h contain a provision described in subparagraph a) of paragraph 5, as well as the article and paragraph number of each such provision. An Option shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have chosen to apply the same Option and have made such a notification with respect to that provision. 8. Each Party that has not made a reservation described in subparagraph a) or c) of paragraph 6 and does not choose to apply an Option under paragraph 1 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph b) of paragraph 5, as well as the article and paragraph number of each such provision. Paragraph 4 shall apply with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made a notification with respect to that provision under this paragraph or paragraph 7. Article 14 - Splitting-up of Contracts 1. For the sole purpose of determining whether the period (or periods) referred to in a provision of a Covered Tax Agreement that stipulates a period (or periods) of time after which specific projects or activities shall constit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat is not subject to a reservation under subparagraph b) of paragraph 3, and if so, the article and paragraph number of each such provision. Where all Contracting Jurisdictions have made such a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the provisions of paragraph 1 to the extent provided in paragraph 2. In other cases, paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with paragraph 1. Article 15 - Definition of a Person Closely Related to an Enterprise 1. For the purposes of the provisions of a Covered Tax Agreement that are modified by paragraph 2 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies), paragraph 4 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions), or paragraph 1 of Article 14 (Splitting-up of Contracts), a person is closely related to an enterprise if, based on all the relevant facts and circumstances, one has control of the other or both are under the control of the same persons or e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the Contracting Jurisdictions shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Covered Tax Agreement. They may also consult together for the elimination of double taxation in cases not provided for in the Covered Tax Agreement. 4. a) i) The first sentence of paragraph 1 shall apply in place of or in the absence of provisions of a Covered Tax Agreement (or parts thereof) that provide that where a person considers that the actions of one or both of the Contracting Jurisdiction result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, that person may, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, present the case to the competent authority of the Contracting Jurisdiction of which that person is a resident including provisions under which, if the case presented by that person comes under the provisions of a Covered Tax Agreement relating to non-discrimination based on nationality, the case may be presented to the competent authority of the Contracting Jurisdiction of which that person is a nati ..... 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Contracting Jurisdiction), where a person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, that person may present the case to the competent authority of the Contracting Jurisdiction of which the person is a resident or, if the case presented by that person comes under a provision of a Covered Tax Agreement relating to non-discrimination based on nationality, to that of the Contracting Jurisdiction of which that person is a national; and the competent authority of that Contracting Jurisdiction will implement a bilateral notification or consultation process with the competent authority of the other Contracting Jurisdiction for cases in which the competent authority to which the mutual agreement procedure case was presented does not consider the taxpayer's objection to be justified; b) for the second sentence of paragraph 1 not to apply to its Covered Tax Agreements that do not provide that the case referred to in the first sentence of paragraph 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have made a notification with respect to a provision of a Covered Tax Agreement, that provision shall be replaced by the first sentence of paragraph 1. In other cases, the first sentence of paragraph 1 shall supersede the provisions of the Covered Tax Agreement only to the extent that those provisions are incompatible with that sentence. b) Each Party that has not made the reservation described in subparagraph b) of paragraph 5 shall notify the Depositary of: i) the list of its Covered Tax Agreements which contain a provision that provides that a case referred to in the first sentence of paragraph 1 must be presented within a specific time period that is shorter than three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Covered Tax Agreement, as well as the article and paragraph number of each such provision; a provision of a Covered Tax Agreement shall be replaced by the second sentence of paragraph 1 where all Contracting Jurisdictions have made such a notification with respect to that provision; in other cases, subject to clause ii), the second sentence of paragraph 1 shall supersede the provisions of the Cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofits on which an enterprise of the other Contracting Jurisdiction has been charged to tax in that other Contracting Jurisdiction and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting Jurisdiction if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting Jurisdiction shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of the Covered Tax Agreement and the competent authorities of the Contracting Jurisdictions shall if necessary consult each other. 2. Paragraph 1 shall apply in place of or in the absence of a provision that requires a Contracting Jurisdiction to make an appropriate adjustment to the amount of the tax charged therein on the profits of an enterprise of that Contracting Jurisdiction where the other Contracting Jurisdiction includes those profits in the profits of an enterprise of that other Contracting Jurisdiction and taxes those profits accordingly, and the profits so included are profits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Where: a) under a provision of a Covered Tax Agreement (as it may be modified by paragraph 1 of Article 16 (Mutual Agreement Procedure)) that provides that a person may present a case to a competent authority of a Contracting Jurisdiction where that person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement (as it may be modified by the Convention), a person has presented a case to the competent authority of a Contracting Jurisdiction on the basis that the actions of one or both of the Contracting Jurisdictions have resulted for that person in taxation not in accordance with the provisions of the Covered Tax Agreement (as it may be modified by the Convention); and b) the competent authorities are unable to reach an agreement to resolve that case pursuant to a provision of a Covered Tax Agreement (as it may be modified by paragraph 2 of Article 16 (Mutual Agreement Procedure)) that provides that the competent authority shall endeavour to resolve the case by mutual agreement with the competent authority of the other Contracting Jurisdiction, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities. The mutual agreement that implements the arbitration decision on the case shall be considered not to be accepted by a person directly affected by the case if any person directly affected by the case does not, within 60 days after the date on which notification of the mutual agreement is sent to the person, withdraw all issues resolved in the mutual agreement implementing the arbitration decision from consideration by any court or administrative tribunal or otherwise terminate any pending court or administrative proceedings with respect to such issues in a manner consistent with that mutual agreement. ii) if a final decision of the courts of one of the Contracting Jurisdictions holds that the arbitration decision is invalid. In such a case, the request for arbitration under paragraph 1 shall be considered not to have been made, and the arbitration process shall be considered not to have taken place (except for the purposes of Articles 21 (Confidentiality of Arbitration Proceedings) and 25 (Costs of Arbitration Proceedings)). In such a case, a new request for arbitration may be made unless the competent authorities agree that such a new request should not be permitted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e competent authorities that requested additional information have notified the person who presented the case and the other competent authority pursuant to subparagraph a) of paragraph 7; and b) the date that is three calendar months after both competent authorities have received all information requested by either competent authority from the person who presented the case. If, however, one or both of the competent authorities send the notification referred to in subparagraph b) of paragraph 7, such notification shall be treated as a request for additional information under subparagraph b) of paragraph 6. 10. The competent authorities of the Contracting Jurisdictions shall by mutual agreement (pursuant to the article of the relevant Covered Tax Agreement regarding procedures for mutual agreement) settle the mode of application of the provisions contained in this Part, including the minimum information necessary for each competent authority to undertake substantive consideration of the case. Such an agreement shall be concluded before the date on which unresolved issues in a case are first eligible to be submitted to arbitration and may be modified from time to time thereafter. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting Jurisdiction fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting Jurisdictions, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting Jurisdiction. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting Jurisdictions, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting Jurisdiction. Article 21 - Confidentiality of Arbitration Proceedings 1. Solely for the purposes of the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) After a case is submitted to arbitration, the competent authority of each Contracting Jurisdiction shall submit to the arbitration panel, by a date set by agreement, a proposed resolution which addresses all unresolved issue(s) in the case (taking into account all agreements previously reached in that case between the competent authorities of the Contracting Jurisdictions). The proposed resolution shall be limited to a disposition of specific monetary amounts (for example, of income or expense) or, where specified, the maximum rate of tax charged pursuant to the Covered Tax Agreement, for each adjustment or similar issue in the case. In a case in which the competent authorities of the Contracting Jurisdictions have been unable to reach agreement on an issue regarding the conditions for application of a provision of the relevant Covered Tax Agreement (hereinafter referred to as a "threshold question"), such as whether an individual is a resident or whether a permanent establishment exists, the competent authorities may submit alternative proposed resolutions with respect to issues the determination of which is contingent on resolution of such threshold questions. b) The compet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. The panel members shall also consider any other sources which the competent authorities of the Contracting Jurisdictions may by mutual agreement expressly identify. c) The arbitration decision shall be delivered to the competent authorities of the Contracting Jurisdictions in writing and shall indicate the sources of law relied upon and the reasoning which led to its result. The arbitration decision shall be adopted by a simple majority of the panel members. The arbitration decision shall have no precedential value. 3. A Party that has not made the reservation described in paragraph 2 may reserve the right for the preceding paragraphs of this Article not to apply with respect to its Covered Tax Agreements with Parties that have made such a reservation. In such a case, the competent authorities of the Contracting Jurisdictions of each such Covered Tax Agreement shall endeavour to reach agreement on the type of arbitration process that shall apply with respect to that Covered Tax Agreement. Until such an agreement is reached, Article 19 (Mandatory Binding Arbitration) shall not apply with respect to such a Covered Tax Agreement. 4. A Party may also choose to apply paragraph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion decision has been delivered to them. 3. A Party that chooses to apply paragraph 2 may reserve the right for paragraph 2 to apply only with respect to its Covered Tax Agreements for which paragraph 2 of Article 23 (Type of Arbitration Process) applies. Article 25 - Costs of Arbitration Proceedings In an arbitration proceeding under this Part, the fees and expenses of the members of the arbitration panel, as well as any costs incurred in connection with the arbitration proceedings by the Contracting Jurisdictions, shall be borne by the Contracting Jurisdictions in a manner to be settled by mutual agreement between the competent authorities of the Contracting Jurisdictions. In the absence of such agreement, each Contracting Jurisdiction shall bear its own expenses and those of its appointed panel member. The cost of the chair of the arbitration panel and other expenses associated with the conduct of the arbitration proceedings shall be borne by the Contracting Jurisdictions in equal shares. Article 26 - Compatibility 1. Subject to Article 18 (Choice to Apply Part VI), the provisions of this Part shall apply in place of or in the absence of provisions of a Covered Tax Agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Convention except those expressly permitted by: a) Paragraph 5 of Article 3 (Transparent Entities); b) Paragraph 3 of Article 4 (Dual Resident Entities); c) Paragraphs 8 and 9 of Article 5 (Application of Methods for Elimination of Double Taxation); d) Paragraph 4 of Article 6 (Purpose of a Covered Tax Agreement); e) Paragraphs 15 and 16 of Article 7 (Prevention of Treaty Abuse); f) Paragraph 3 of Article 8 (Dividend Transfer Transactions); g) Paragraph 6 of Article 9 (Capital Gains from Alienation of Shares or Interests of Entities Deriving their Value Principally from Immovable Property); h) Paragraph 5 of Article 10 (Anti-abuse Rule for Permanent Establishments Situated in Third Jurisdictions); i) Paragraph 3 of Article 11 (Application of Tax Agreements to Restrict a Party's Right to Tax its Own Residents); j) Paragraph 4 of Article 12 (Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies); k) Paragraph 6 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); l) Paragraph 3 of Article 14 (Splitting-up of Contracts); m) Paragraph 2 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving Party in its relations with another Party the provisions of this Convention to which the reservation relates to the extent of the reservation; and b) modify those provisions to the same extent for the other Party in its relations with the reserving Party. 4. Reservations applicable to Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the reservations made by that Party for its own Covered Tax Agreements. 5. Reservations shall be made at the time of signature or when depositing the instrument of ratification, acceptance or approval, subject to the provisions of paragraphs 2, 6 and 9 of this Article, and paragraph 5 of Article 29 (Notifications). However, for a Party which chooses under Article 18 (Choice to Apply Part VI) to apply Part VI (Arbitration) after it has become a Party to this Convention, reservations described in subparagraph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) of paragraph 3 of Article 14 (Splitting-up of Contracts); l) Subparagraph b) of paragraph 5 of Article 16 (Mutual Agreement Procedure); m) Subparagraph a) of paragraph 3 of Article 17 (Corresponding Adjustments); n) Paragraph 6 of Article 23 (Type of Arbitration Process); and o) Paragraph 4 of Article 26 (Compatibility). The reservations described in subparagraphs a) through o) above shall not apply to any Covered Tax Agreement that is not included on the list described in this paragraph. 9. Any Party which has made a reservation in accordance with paragraph 1 or 2 may at any time withdraw it or replace it with a more limited reservation by means of a notification addressed to the Depositary. Such Party shall make any additional notifications pursuant to paragraph 6 of Article 29 (Notifications) which may be required as a result of the withdrawal or replacement of the reservation. Subject to paragraph 7 of Article 35 (Entry into Effect), the withdrawal or replacement shall take effect: a) with respect to a Covered Tax Agreement solely with States or jurisdictions that are Parties to the Convention when the notification of withdrawal or replacement of the reservation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ategies); l) Paragraphs 7 and 8 of Article 13 (Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions); m) Paragraph 4 of Article 14 (Splitting-up of Contracts); n) Paragraph 6 of Article 16 (Mutual Agreement Procedure); o) Paragraph 4 of Article 17 (Corresponding Adjustments); p) Article 18 (Choice to Apply Part VI); q) Paragraph 4 of Article 23 (Type of Arbitration Process); r) Paragraph 1 of Article 24 (Agreement on a Different Resolution); s) Paragraph 1 of Article 26 (Compatibility); and t) Paragraphs 1, 2, 3, 5 and 7 of Article 35 (Entry into Effect). 2. Notifications in respect of Covered Tax Agreements entered into by or on behalf of a jurisdiction or territory for whose international relations a Party is responsible, where that jurisdiction or territory is not a Party to the Convention pursuant to subparagraph b) or c) of paragraph 1 of Article 27 (Signature and Ratification, Acceptance or Approval), shall be made by the responsible Party and can be different from the notifications made by that Party for its own Covered Tax Agreements. 3. If notifications are made at the time of signature, they shall be confirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions in respect of provisions relating to taxes withheld at source, where the event giving rise to such taxes occurs on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the additional notification; and ii) for notifications in respect of all other provisions, for taxes levied with respect to taxable periods beginning on or after 1 January of the year next following the expiration of a period of six calendar months beginning on the date of the communication by the Depositary of the additional notification; and b) with respect to a Covered Tax Agreement for which one or more Contracting Jurisdictions becomes a Party to this Convention after the date of receipt by the Depositary of the additional notification: on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions. Article 30 - Subsequent Modifications of Covered Tax Agreements The provisions in this Convention are without prejudice to subsequent modifications to a Covered Tax Agreement which may be agreed between the Contracting Jurisdictions of the Covered Tax Agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll have effect in each Contracting Jurisdiction with respect to a Covered Tax Agreement: 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 calendar year that begins on or after the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement; and b) with respect to all other taxes levied by that Contracting Jurisdiction, for taxes levied with respect to taxable periods beginning on or after the expiration of a period of six calendar months (or a shorter period, if all Contracting Jurisdictions notify the Depositary that they intend to apply such shorter period) from the latest of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement. 2. Solely for the purpose of its own application of subparagraph a) of paragraph 1 and subparagraph a) of paragraph 5, a Party may choose to substitute "taxable period" for "calendar year", and shall notify the Depositary accordingly. 3. Solely for the purpose of its own applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Covered Tax Agreement"; and ii) the references in paragraph 5 to "the date of the communication by the Depositary of the notification of the extension of the list of agreements"; with references to "30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of this Convention with respect to that specific Covered Tax Agreement"; iii) the references in subparagraph a) of paragraph 9 of Article 28 (Reservations) to "on the date of the communication by the Depositary of the notification of withdrawal or replacement of the reservation"; and iv) the reference in subparagraph b) of paragraph 9 of Article 28 (Reservations) to "on the latest of the dates on which the Convention enters into force for those Contracting Jurisdictions"; with references to "30 days after the date of receipt by the Depositary of the latest notification by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation by each Contracting Jurisdiction making the reservation described in paragraph 7 of Article 35 (Entry into Effect) that it has completed its internal procedures for the entry into effect of the provisions of Part VI (Arbitration) with respect to that specific Covered Tax Agreement". b) A Party making a reservation in accordance with subparagraph a) shall notify the confirmation of the completion of its internal procedures simultaneously to the Depositary and the other Contracting Jurisdiction(s). c) If one or more Contracting Jurisdictions to a Covered Tax Agreement makes a reservation under this paragraph, the date of entry into effect of the provisions of the Convention, of the withdrawal or replacement of a reservation, of an additional notification with respect to that Covered Tax Agreement, or of Part VI (Arbitration) shall be governed by this paragraph for all Contracting Jurisdictions to the Covered Tax Agreement. Article 36 - Entry into Effect of Part VI 1. Notwithstanding paragraph 9 of Article 28 (Reservations), paragraph 6 of Article 29 (Notifications), and paragraphs 1 through 6 of Article 35 (Entry into Effect), with respect to two Contracting Jurisdictions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvation made under paragraph 2 of Article 28 (Reservations) which results in the application of Part VI (Arbitration) between two Contracting Jurisdictions to a Covered Tax Agreement, shall have effect according to subparagraphs a) and b) of paragraph 1 of this Article, except that the references to "the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax Agreement" shall be replaced with references to "the date of the communication by the Depositary of the notification of withdrawal of the reservation", "the date of the communication by the Depositary of the notification of replacement of the reservation" or "the date of the communication by the Depositary of the notification of withdrawal of the objection to the reservation", respectively. 5. An additional notification made pursuant to subparagraph p) of paragraph 1 of Article 29 (Notifications) shall have effect according to subparagraphs a) and b) of paragraph 1, except that the references in paragraphs 1 and 2 of this Article to "the later of the dates on which this Convention enters into force for each of the Contracting Jurisdictions to the Covered Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posited in the archives of the Organisation for Economic Co-operation and Development. India Status of List of Reservations and Notifications upon Deposit of the Instrument of Ratification This document contains the list of reservations and notifications made by India upon deposit of the instrument of ratification pursuant to Articles 28(5) and 29(1) of the Convention. Article 2 - Interpretation of Terms Notification - Agreements Covered by the Convention Pursuant to Article 2(1)(a)(ii) of the Convention, India wishes the following agreement(s) to be covered by the Convention: No Title Other Contracting Jurisdiction Original/ Amending Instrument Date of Signature Date of Entry into Force 1 Agreement between the Government of the Republic of India and The Republic of Albania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Albania Original 08.07.2013 04.12.2013 2 Convention between the Government of the Republic of India and The Government of the Republic of Armenia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect of Taxes on Income. Armenia Ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vention between the Government of the Republic of India and the Government of the Republic of Bulgaria for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Bulgaria Original 26.05.1994 23.06.1995 12 Agreement between the Government of the Republic of India and the Government of Canada for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Canada Original 11.01.1996 06.05.1997 13 Convention between the government of the Republic of India and the government of the Republic of Colombia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Colombia Original 13.05.2011 07.07.2014 14 Agreement between The Government of the Republic of India and The Government of the Republic of Croatia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect of Taxes on Income. Croatia Original 12.02.2014 06.02.20152 15 Agreement and Protocol between the Government of the Republic of India and the Government of the Republic of Cyprus for the Avoidance of Double Taxa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Original 19.06.1995 26.10.1996 26 Agreement between the Government of India and the Government of Greece for the Avoidance of Double Taxation of Income. Greece Original 11.02.1965 17.03.1967 27 Agreement between the Government of the Republic of India and the Government of the Hong Kong Special Administrative Region of the People's Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income Hong Kong Original 19.03.2018 30.11.2018 28 Agreement between the Government of India and the Government of Hungary for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income Hungary Original 03.11.2003 04.03.2005 29 Agreement between the Republic of India and the Government of Iceland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Iceland Original 23.11.2007 21.12.2007 30 Agreement between the Government of the Republic of India and the Government of the Republic of Indonesia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Indonesia Orig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on income Kuwait Original 15-06-2006 17-10-2007 Amending Instrument (a) 15-01-2017 26-03-2018 40 Agreement between the Government of the Republic of India and the Government of the Kyrgyz Republic for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income Kyrgyz Republic Original 13-04-1999 10-01-2001 41 Agreement between the Government of the Republic of India and the Government of the Republic of Latvia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income Latvia Original 18.09.2013 28.12.2013 42 Convention Government of India and Libya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income Libya Original 02-03-1981 01-07-1982 43 Agreement and the protocol between the Government of the Republic of India and the Government of the Republic of Lithuania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Lithuania Original 26.07.2011 10.07.2012 44 Agreement between the Government of Republic of India and the Government of the Gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the Government of the Republic of Mozambique for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Mozambique Original 30.09.2010 28.02.2011 54 Agreement between the Government of the Republic of India and the Government of the Union of Myanmar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Myanmar Original 02-04-2008 30-01-2009 55 Convention between the Government of the Republic of India and the Government of the Republic of Namibia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains Namibia Original 15.02.1997 22.01.1999 56 Agreement between the Government of the Republic of India and the Government of Nepal for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Nepal Original 27-11-2011 16-03-2012 57 Convention between the Government of Republic of India and the Kingdom of the Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Netherlands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Income. Russia Original 25.03.1997 11.04.1998 67 Convention between the Government of the Republic of India and the Government of the Kingdom of Saudi Arabia for the avoidance of double taxation and the prevention of tax evasion with respect to taxes on income Saudi Arabia Original 25-01-2006 01-11-2006 68 Convention between the Republic of India and the Government of the Council of Ministers of Serbia and Montenegro for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital. Serbia Original 08.02.2006 23.09.2008 69 Agreement between the Government of the Republic of India and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Singapore Original 24-01-1994 27-05-1994 Amending Instrument (a) 29-06-2005 01-08-2005 Amending Instrument (b) 24-06-2011 01-09-2011 Amending Instrument (c) 30-12-2016 27/02/2017 70 Agreement between the Government of India and the Government of the Czechoslovak Socialist Republic for the Avoidance of Double taxation and the prevention of fiscal evasion with respe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the Republic of India and the Government of the Republic of Tajikistan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Tajikistan Original 20-11-2008 10-04-2009 Amending Instrument (a) 17-12-2016 20-02-2018 80 Agreement between the Government of the Republic of India and the Government of the United Republic of Tanzania for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Tanzania Original 27.05.2011 12.12.2011 81 Agreement between the Government of the Republic of India and the Government of the Kingdom of Thailand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Thailand Original 29-06-2015 13-10-20156 82 Convention between the Government of the Republic of India and the Government of Republic of Trinidad and Tobago for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income. Trinidad and Tobago Original 08.02.1999 13.10.1999 83 Agreement between the Government of Republic of India and the Republic of Turkey for the Avoidance of Double T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Uzbekistan Original 29-07-1993 25-01-1994 Amending Instrument (a) 11-04-2012 20-07-2012 92 Agreement between the Republic of India and the Socialist Republic of Vietnam for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income Vietnam Original 07-09-1994 02-02-1995 Amending Instrument (a) 03-09-2016 21-02-2017 93 Convention between the Government of the Republic of India and the Government of Zambia for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income Zambia Original 05.06.1981 18.01.1984 Article 3 - Transparent Entities Reservation Pursuant to Article 3(5)(a) of the Convention, India reserves the right for the entirety of Article 3 not to apply to its Covered Tax Agreements Article 4 - Dual Resident Entities Notification of Existing Provisions in Listed Agreements Pursuant to Article 4(4) of the Convention, India considers that the following agreements contain a provision described in Article 4(2) that is not subject to a reservation under Article 4(3)(b) through (d). The article and paragraph number of each such provision is identified below. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 87 United Arab Emirates Article 4(4) 88 United Kingdom Article 4(3) 89 Uruguay Article 4 (3) 90 USA Article 4(3) and (4) 91 Uzbekistan Article 4(3) 92 Vietnam Article 4(3) 93 Zambia Article 4(3) Article 5 - Application of Methods for Elimination of Double Taxation Notification of Choice of Optional Provisions Pursuant to Article 5(10) of the Convention, India hereby chooses under Article 5(1) to apply Option C of that Article. For jurisdictions choosing Option C: Pursuant to Article 5(10) of the Convention, India considers that the following agreement(s) contain(s) a provision described in Article 5(7). The article and paragraph number of each such provision is identified below Listed Agreement Number Other Contracting Jurisdiction Provision 11 Bulgaria Article 25(2),(3) 18 Egypt Article 24(1),(2) 26 Greece Article XVII (2),(4) 70 Slovak Republic Article 23(2),(3) Article 7 - Prevention of Treaty Abuse Statement of Acceptance of the PPT as an Interim Measure Pursuant to Article 7(17)(a) of the Convention, India hereby expresses a statement that while India accepts the application of Article 7(1) alone as an interim measure, it intend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h (5) 80 Tanzania Article 28(1) through (5) 89 Uruguay Article 29 (2) through (6) 90 USA Article 24 Article 8 - Dividend Transfer Transactions Reservation Pursuant to Article 8(3)(b)(iii) of the Convention, India reserves the right for the entirety of Article 8 not to apply to its Covered Tax Agreements to the extent that the provisions described in Article 8(1) already include a minimum holding period longer than a 365 day period. The following agreement contains provisions that are within the scope of this reservation. Listed Agreement Number Other Contracting Jurisdiction Provision 63 Portugal Article 10(2) Notification of Existing Provisions in Listed Agreements Pursuant to Article 8(4) of the Convention, India considers that the following agreements contain a provision described in Article 8(1) that is not subject to a reservation described in Article 8(3)(b). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 5 Bangladesh Article 11(2)(a) 6 Belarus Article 10(2)(a) 9 Botswana Article 10(2)(a) 12 Canada Article 10(2)(a) 14 Croatia Article 10(2)(a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 13(4) 56 Nepal Article 13(4) 57 Netherlands Article 13(4) 58 New Zealand Article 13(4) 60 Oman Article 15(4) 61 Philippines Article 14(4) 62 Poland Article 14(4) 63 Portugal Article 13(4) 64 Qatar Article 13(4) 67 Saudi Arabia Article 13(4) 68 Serbia Article 14(4) 70 Slovak Republic Article 13(4) 71 Slovenia Article 13(4) 72 South Africa Article 13(4) 73 Spain Article 14(4) 74 Sri Lanka Article 13(4) 75 Sudan Article 13(4) 76 Sweden Article 13(4) 77 Swiss Confederation Article 13(4) 80 Tanzania Article 13(4) 81 Thailand Article 13(4) 82 Trinidad & Tobago Article 13(4) 83 Turkey Article 13(4) 84 Turkmenistan Article 13(4) 85 Uganda Article 13(4) 86 Ukraine Article 13(4) 87 United Arab Emirates Article 13(3) 89 Uruguay Article 13 (4) 91 Uzbekistan Article 14(4) 92 Vietnam Article 14(4) Article 12 - Artificial Avoidance of Permanent Establishment Status through Commissionnaire Arrangements and Similar Strategies Notification of Existing Provisions in Listed Agreements Pursuant to Article 12(5) of the Convention, India considers that the following agreements contain a provision described in Ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Article 5(5) 73 Spain Article5(4) (a) 74 Sri Lanka Article 5 (5) (a) 75 Sudan Article 5(5) (a) 76 Sweden Article5(6) (a) 77 Swiss Confederation Article5(5)(i) 78 Syria Article 5 (5) (a) 79 Tajikistan Article 5 (5) 80 Tanzania Article 5(5) (a) 81 Thailand Article 5 (5) (a) 82 Trinidad & Tobago Article 5 (4) (a) 83 Turkey Article5(4) (a) 84 Turkmenistan Article 5 (5) (a) 85 Uganda Article 5(4) (a) 86 Ukraine Article5(5) (a) 87 United Arab Emirates Article 5 (4) 88 United Kingdom Article5(4) (a) 89 Uruguay Article 5 (5) (a) 90 USA Article 5 (4) (a) 91 Uzbekistan Article 5 (4) 92 Vietnam Article 5 (4) (a) 93 Zambia Article 5(4) (i) Pursuant to Article 12(6) of the Convention, India considers that the following agreements contain a provision described in Article 12(3)(b). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 5 (7) 2 Armenia Article 5 (7) 3 Australia Article 5(6) 4 Austria Article 5 (6) 5 Bangladesh Article 5 (5) 6 Belarus Article 5 (5) 7 Belgium Article 5 (5) 8 Bhutan Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 5 (5) 93 Zambia Article 5(6) Article 13 - Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions Notification of Choice of Optional Provisions Pursuant to Article 13(7) of the Convention, India hereby chooses to apply Option [A] under Article 13(1). Notification of Existing Provisions in Listed Agreements Pursuant to Article 13(7) of the Convention, India considers that the following agreements contain a provision described in Article 13(5)(a). The article and paragraph number of each such provision is identified below. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 5(4) 2 Armenia Article 5(4) 3 Australia Article 5(4) 4 Austria Article 5(4) 5 Bangladesh Article 5(3) 6 Belarus Article 5(3) 7 Belgium Article 5(3) 8 Bhutan Article 5(4) 9 Botswana Article 5(4) 10 Brazil Article 5 (3) 11 Bulgaria Article 5(3) 12 Canada Article 5(3) 13 Colombia Article 5(4) 14 Croatia Article 5(5) 15 Cyprus Article 5(4) 16 Czech Republic Article 5(4) 17 Denmark Article 5(3) 18 Egypt Article 5(3) 19 Estonia Article 5(4) 20 Ethiopia Article 5(4) 21 Fiji ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts Covered Tax Agreements(other than a Covered Tax Agreement that permits a person to present a case to the competent authority of either Contracting Jurisdiction), where a person considers that the actions of one or both of the Contracting Jurisdictions result or will result for that person in taxation not in accordance with the provisions of the Covered Tax Agreement, irrespective of the remedies provided by the domestic law of those Contracting Jurisdictions, that person may present the case to the competent authority of the Contracting Jurisdiction of which the person is a resident or, if the case presented by that person comes under a provision of a Covered Tax Agreement relating to non-discrimination based on nationality, to that of the Contracting Jurisdiction of which that person is a national; and the competent authority of that Contracting Jurisdiction will implement a bilateral notification or consultation process with the competent authority of the other Contracting Jurisdiction for cases in which the competent authority to which the mutual agreement procedure case was presented does not consider the taxpayer's objection to be justified. Reservation is applicable to al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntence 27 Hong Kong Article 25(1), Second Sentence 28 Hungary Article 25(1), Second Sentence 29 Iceland Article 26(1), Second Sentence 30 Indonesia Article 26(1), Second Sentence 31 Ireland Article 25(1), Second Sentence 32 Israel Article 26(1), Second Sentence 34 Japan Article 25(1), Second Sentence 35 Jordan Article 25(1), Second Sentence 36 Kazakstan Article 26(1), Second Sentence 37 Kenya Article 26(1), Second Sentence 38 Korea Article 25(1), Second Sentence 39 Kuwait Article 25(1), Second Sentence 40 Kyrgyz Republic Article 25(1), Second Sentence 41 Latvia Article 25(1), Second Sentence 43 Lithuania Article 26(1), Second Sentence 44 Luxembourg Article 26(1), Second Sentence 45 Macedonia Article 25(1), second sentence 46 Malaysia Article 25(1), Second Sentence 47 Malta Article 25(1), second sentence 48 Mauritius Article 25(1), Second Sentence 49 Mexico Article 25(1), Second Sentence 50 Mongolia Article 26(1), Second Sentence 51 Montenegro Article 27(1), second sentence 52 Morocco Article 25(1), Second Sentence 53 Mozambique Article 25(1), Second Sentence 54 Myanmar Article 25(1), Second Sentence 55 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle 16(6)(d)(i) of the Convention, India considers that the following agreements do not contain a provision described in Article 16(4)(c)(i). Listed Agreement Number Other Contracting Jurisdiction 3 Australia 26 Greece Pursuant to Article 16(6)(d)(ii) of the Convention, India considers that the following agreements do not contain a provision described in Article 16(4)(c)(ii). Listed Agreement Number Other Contracting Jurisdiction 3 Australia 7 Belgium 26 Greece 61 Philippines 86 Ukraine 88 United Kingdom Article 17 - Corresponding Adjustments Reservation Pursuant to Article 17(3)(a) of the Convention, India reserves the right for the entirety of Article 17 not to apply to its Covered Tax Agreements that already contain a provision described in Article 17(2). The following agreements contain provisions that are within the scope of this reservation. Listed Agreement Number Other Contracting Jurisdiction Provision 1 Albania Article 9(2) 2 Armenia Article 9(2) 4 Austria Article 9(2) 8 Bhutan Article 9(2) 9 Botswana Article 9(2) 12 Canada Article 9(2) 13 Colombia Article 9 (2) 14 Croatia Article 9(2) 15 Cyprus Article 9(2) 17 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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