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TMI BlogAgreement Between The Government of India And The Government of The United Kingdom For The Avoidance of Double Taxation And The Prevention of Fiscal Evasion With Respect To Duties on The Estates of Deceased PersonsX X X X Extracts X X X X X X X X Extracts X X X X ..... the United Kingdom of Great Britain and Northern Ireland, desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to duties on the estates of deceased persons, have agreed as follows: ARTICLE I The duties which are the subject of the present Agreement are: (a) In India, the estate duty imposed under the Estate Duty Act, 1953 (No. 34 of 1953), and (b) In the United Kingdom, the estate duty imposed in Great Britain. ARTICLE II (1) In the present Agreement, unless the context otherwise requires: (a) The term India means all the States and territories comprised in the Union of India; (b) The term United Kingdom means Great Britain and Northern Ireland; (c) The term Great Britain means England Wales and Scotland and does not include the Channel Islands and the Isle of Man; (d) The term territory when used in relation to one or the other Contracting Government means India or Great Britain, as the context requires; (e) The term duty means the estate duty imposed in India or the estate duty imposed in Great Britain, as the context requires. (2) For the purposes of the present Agreement, the question whether a deceased person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of duty and of the credit to be allowed under Article VI, be determined exclusively in accordance with the rules in Article V of the present Agreement. (2) Paragraph (1) of this Article shall apply if, and only if, apart from the said Article V (a) duty would be imposed on the property under the law of each of the Contracting Governments; or (b) duty would be imposed on the property under the law of one of the Contracting Governments and would, but for some specific exemption, also be imposed thereon under the law of the other Contracting Government. ARTICLE V The rules referred to in paragraph (1) of Article IV are (a) Rights or interests (otherwise than by way of security) in or over Immovable property shall be deemed to be situated at the place where such property is located; (b) Rights or interests (otherwise than by way of security) in or over tangible movable property, other than such property for which specific provision is hereinafter made, and in or over bank or currency notes, other forms of currency recognised as legal tender in the place of issue negotiable bills of exchange and negotiable promissory notes, shall be deemed to be situated at the place where such prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... each of those places; (j) Ships and aircraft and shares thereof shall be deemed to be situated at the place of registration of the ship or aircraft; (k) Patents, trade marks and designs shall be deemed to be situated at the place where they are registered; (l) Copyright, franchises and rights or licences to use any copyrighted material, patent, trade mark or designs shall be deemed to be situated at the place where the rights arising therefrom are exercisable; (m) Rights or causes of action ex-delicto surviving for the benefit of the estate of a deceased person shall be deemed to be situated at the place where such rights or causes of action arose; (n) A judgment debt shall be deemed to be situated where the Judgment is recorded: Provided that where the judgment was given in proceedings instituted to enforce a debt which, had it passed on the death, would have fallen within paragraph (c) of this Article, the judgement debt shall be deemed to be situated where that debt would have been situated: (o) Any other right or interest shall (i) where the deceased person was domiciled at the date of his death in the territory of only one of the Contracting Governments, be deemed to be situat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... funded. ARTICLE VIII (1) The taxation authorities of the Contracting Governments shall exchange such information (being information available under the respective taxation laws of the Contracting Governments) as is necessary for carrying out the provisions of the present Agreement or for the prevention of fraud or the administration of statutory provisions against legal avoidance in relation to the duties which are the subject of the present Agreement. Any information so exchanged shall be treated as secret and shall not be disclosed to any person other than those concerned with the administration, assessment and collection of the duties which are the subject of the present Agreement. No information shall be exchanged which might disclose any trade secret or trade process. (2) As used in this Article, the term taxation authorities means (a) in the case of India, the Central Board of Revenue or their authorised representative; (b) in the case of Great Britain, the Commissioners of inland Revenue or their authorised representative; (c) in the case of Northern Ireland (to which the present Agreement applies under Article X), the Minister of Finance or his authorised representative; (d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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