آخر تحديث - 18 سبتمبر 2021
On March 19, 2018, India and the Hong Kong Special Administrative Zone of China (HKSAR) signed a double taxation agreement (DTAA). The DTAA provides double taxation protection to more than 1,500 Indian companies operating in Hong Kong and Hong Kong. At the time of the signing of the Agreement between the Government of the Hong Kong Special Administrative Region of the People`s Republic of China and the Government of the Republic of India for the Avoidance of Double Taxation and the Prevention of Tax Evasion in the Context of Income Tax (the “Agreement”), the two Governments agreed on the following provisions which form part of the Agreement: (3) The competent authorities of the Contracting Parties shall endeavour to: any difficulty or doubt arising from the interpretation or application of the Agreement. On 19 March 2018, Hong Kong signed a comprehensive double taxation agreement (“DBA”) with India (India-Hong Kong Agreement (PDF 329 KB)). The DBA will enter into force once both jurisdictions have completed their formal ratification procedures. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is unable to find a satisfactory solution itself, to resolve the matter by mutual agreement with the competent authority of the other Party with a view to tax evasion which is not in conformity with the Agreement. Any agreement concluded shall be implemented in the domestic law of the Contracting Parties, irrespecting any time limits. 3. Where a person other than a natural person is established in both Parties pursuant to paragraph 1, the competent authorities of the Contracting Parties shall endeavour, by mutual agreement, to determine in which Party that person is considered to be established for the purposes of the Agreement; taking into account the place of actual management, the place where it is registered or otherwise constituted, and all other relevant factors. In the absence of such an agreement, that person shall not be entitled to an exemption or exemption provided for in the Agreement, unless the competent authorities of the Contracting Parties agree in one way or another. The Government of the Republic of India and the Government of the Hong Kong Special Administrative Region of the People`s Republic of China have agreed on an agreement for the avoidance of double taxation and the prevention of income tax evasion: N/A 6247 (E).
– whereas an Agreement between the Government of the Republic of India and the Government of the Republic of Hong Kong The Administrative Region of the People`s Republic of China for the avoidance of double taxation and the prevention of tax evasion on income was signed in Hong Kong on 19 March 2018, as set out in the Annex to this Communication (hereinafter referred to as the Agreement); This provision alleviates double taxation in the other State Party and is in line with India`s commitment under Action 14 on the Dispute Settlement Mechanism of the OECD Profit Reduction and Profit Shifting Plan (BEPS). . . .