Double Tax Avoidance Agreement (DTAA) Between India and Canada

Being a Non-Resident Indian often raises the question, "Do I have to pay taxes on my income in both India and a foreign country?” Paying double taxes on an income can become an issue when it comes to saving money while filing an ITR. To save NRIs and Indian residents from facing such challenges, the Indian Government signed a Double Tax Avoidance Agreement with almost 100 different countries.

DTAA between India and Canada allows taxpayers to avoid paying double taxes on their income in both countries. It is an important development for bilateral investment and trade between the two nations. In this article, we will discuss several aspects of the arrangement to clearly understand how the treaty works and how it is favourable for both countries.

DTAA Between India and Canada

Canada and India share a long history of friendly diplomatic relations. Over the past years, both nations have engaged in investment and trade activities, helping in economic growth of both Contracting States. On 6th of May 1997, Double Tax Avoidance Agreement was signed between India and Canada. This treaty is applicable to individuals who are residents of one or either of the Contracting States. 

According to the Indian Canada DTAA, if an Indian resident has taxable capital gains in Canada, India will permit a deduction from the resident's capital gains tax equal to the amount paid in Canada. This agreement covers different types of income, such as business profits, royalties, capital gains, dividends, and others. The taxes on such incomes are imposed according to the specific guidelines of the treaty.

Significance of DTAA for India and Canada

There are multiple benefits that DTAA between India and Canada offers to individuals and businesses of both nations. The agreement ensures that no double tax is levied on the same income. There are legal certainties related to DTAA since specific rules are applicable for taxes on foreign income. 

In some cases, the provisions of DTAA offer concessional tax rates to both nations. The treaty guarantees that benefits are applicable to legitimate residents of India and Canada by applying anti-abusiveness provisions.

Moreover, DTAA is also significant in providing a predictable and stable tax regime to two countries. It encourages businesses to expand their activities. By providing a favourable investment environment and better opportunities to India and Canada, the Convention helps attract foreign investment and promotes economic growth.

Taxes Covered Under DTAA

Read the following points to understand the different types of taxes covered under India Canada DTAA.

1. This Agreement applies to income taxes and capital imposed on residents of both Contracting States.

2. The Convention applies to substantially similar or identical taxes imposed in place of the existing taxes or the Contracting State after signing the treaty.

3. The particular income where the treaty is applicable is:

4. Canada:

• Taxes under the Income Tax Act of Canada (also called Canadian Tax)

5. India: 

• Wealth Tax as per the Wealth Tax Act (also called Indian Tax)
• Income tax involving surcharges as per the Income Tax Act

6. All taxes levied on total income, total capital gains, or parts of income or capital, including taxes on gains from the alienation of movable or immovable properties is considered income and capital taxes.

7. At the end of each year, the Contracting States will notify one another about any substantial changes made in their respective tax laws, subject to DTAA.

India Canada DTAA Tax Rates

The withholding tax rates applicable on different incomes as per DTAA are as follows.

Taxation on Capital Gains Under DTAA

Capital gains are taxed as follows under DTAA between India and Canada:

• Gains after the alienation of aircraft or ships operated in international areas by a business of a Contracting State and any movable properties concerning operations of such aircraft or ships will be taxable in that State only.
• Capital gains after alienating properties other than the above-mentioned properties might be taxed in both States.

Special Provisions Under India Canada DTAA

Special provisions are mentioned in Chapter VI of the India Canada DTAA. This chapter covers several articles that explain the taxation system between the two countries.

• Non-Discrimination

Article 24 describes a tax agreement between two contracting jurisdictions. It specifies that nationals of one State cannot face higher taxes than nationals of the other State. Canada may levy additional taxes on the earnings of an Indian firm having a permanent establishment in Canada. However the tax rate cannot exceed a specified threshold.

• Exchange of Information

Under Article 26, Contracting States must exchange information necessary for carrying out the Agreement and domestic laws of contracting states. The information obtained must be kept confidential and only provided to those who need to know. The treaty does not impose administrative measures contradicting the laws of the Contracting States or provide information that is not readily available.

• Mutual Agreement Procedure

As per Article 25, if a resident of a Contracting State feels that they have been taxed in a way contrary to the Convention, they can present their case to the competent authority within two years of the initial action. If the objection is justified, the competent authorities of both Contracting States need to resolve it. 

• Diplomatic Agents and Consular Officers

Article 27 of DTAA states that nothing about this agreement should affect the fiscal privilege of consular officers or diplomatic agents mentioned in general rules of international law or provisions of special agreements.

Final Word

The DTAA between India and Canada is a beneficial pact that promotes investment and cross-border commerce by avoiding double taxation. If you wish to claim DTAA tax credits on your Canadian income, you must fill out the essential data under the appropriate heading during ITR filing. Understanding the norms and regulations of DTAA between India and Canada would enable you to avoid paying double taxes on various incomes.

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