Hong Kong India Double Tax Agreement

Posted: April 10, 2021 in Uncategorized

The contract provides for POPs similar to the LML provision. It states, among other things, that a subject can file an appeal within three years of the first notification of the tax action to a certification body located in his or her country of resident. The Board would cooperate to resolve the matter by mutual agreement, which must be transposed into national legislation, regardless of any limitation over time. The Government of the Republic of India and the Government of the Hong Kong Special Administrative Region of the People`s Republic of China, which wish to conclude an agreement to avoid double taxation and prevent income tax evasion, have agreed that, in accordance with the standard contract of the Organisation for Economic Co-operation and Development (OECD) , the resident status of a person other than a person is determined by the Mutual Agreement Procedure (POP), which is based on their effective administrative headquarters, place of constitution or status, and all other relevant factors. This provision is part of the OECD`s Multilateral Instrument (LIV). In the absence of the POP, dual stay holders are not entitled to exemption or exemption under the contract, unless the competent authorities (CA) have agreed. On the date 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 to avoid double taxation and to prevent income tax evasion (the “agreement”), the two governments agreed to the following provisions , which are an integral part of the agreement: 3. The competent authorities of the parties strive to resolve by mutual agreement any difficulty or doubt about the interpretation or application of the agreement. They can also agree on the elimination of double taxation in cases under the convention. 4. The competent authorities of the contracting parties may communicate directly with each other, including through a joint commission composed of themselves or their representatives, in order to reach an agreement in accordance with the previous paragraphs.

3. If, under paragraph 1, a person other than a person resides in the two contracting parties, the competent authorities of the parties endeavour to determine by mutual agreement which the resident is considered resident for the purposes of the agreement, and where he is accepted or motivated by other reasons, as well as all other relevant factors.

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