| Notification Detail :
SECTION 90 OF THE INCOME-TAX ACT, 1961 - DOUBLE TAXATION AGREEMENT - AGREEMENT FOR AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL EVASION WITH FOREIGN COUNTRIES - ORIENTAL REPUBLIC OF URUGUAY
NOTIFICATION NO. 53/2013 [F.NO.500/138/2002-FTD-II]/SO 2081(E), DATED 5-7-2013
Whereas, an Agreement between the Government of the Republic of India and the Government of the Oriental Republic of Uruguay for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and on capital was signed in India on the 8th day of September, 2011 (hereinafter referred to as the Agreement);
And whereas, the date of entry into force of the Agreement is the 21st day of June, 2013, being sixty days from the date of the later of the notifications of completion of the procedures as required by the respective laws for entry into force of the Agreement, in accordance with paragraph 2 of Article 31 of the Agreement;
Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of the Agreement between the Government of the Republic of India and the Government of the Oriental Republic of Uruguay for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and on capital, as set out in the Annexure hereto, shall be given effect to in the Union of India with effect from the 1St day of April, 2014.
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDIA
AND
THE GOVERNMENT OF THE ORIENTAL REPUBLIC OF URUGUAY
FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION
OF FISCAL EVASION
WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL
The Government of the Republic of India and the Government of the Oriental Republic of Uruguay, desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital and with a view to promoting economic co-operation between the two countries have agreed as follows:
ARTICLE 1
PERSONS COVERED
This Agreement shall apply to persons who are residents of one or both of the Contracting States.
ARTICLE 2
TAXES COVERED
1. This Agreement shall apply to taxes on income and on capital imposed on behalf of a Contracting State or of its political sub-divisions or local authorities, irrespective of the manner in which they are levied.
2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.
3. The existing taxes to which the Agreement shall apply are in particular:
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(a)
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in the case of India:
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(i)
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the income-ax, including any surcharge thereon;
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(ii)
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the wealth-tax;
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(hereinafter referred to as "Indian tax");
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(b)
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in the case of Uruguay:
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(i)
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the tax on business income (Impuesto a las Rentas de las Actividades Economicas -IRAE);
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(ii)
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the personal income-tax (Impuesto a las Rentas de las Personas Fisicas -IRPF);
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(iii)
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the non-residents income-tax (Impuesto a las Rentas de las No. Residentes -IRNR) ;
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(iv)
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the tax for social security assistance (Impuesto de Asistencia a la Seguridad
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Social -IASS); and
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(v)
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the capital tax (Impuesto al Patrimonio -IP);
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(hereinafter referred to as " Uruguayan tax").
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4. The Agreement shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their respective taxation laws.
ARTICLE 3
GENERAL DEFINITIONS
1. For the purposes of this Agreement, unless the context otherwise requires:
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(a)
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the term "India" means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with International law, including the U.N. Convention on the Law of the Sea;
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(b)
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the term "Uruguay" means the territory of the Oriental Republic of Uruguay, and when used in a geographical sense includes the airspace, the maritime areas, under Uruguayan sovereign rights or jurisdiction in accordance with International Law and National law;
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(c)
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the terms "Contracting State" and "the other Contracting State" mean the Republic of India or the Oriental Republic of Uruguay as the context requires;
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(d)
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the term "person" includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting States;
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(e)
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the term "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;
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(f)
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the term " enterprise" applies to the carrying on of any business;
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(g)
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the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
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(h)
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the term "international traffic" means any transport by a ship or aircraft operated by an enterprise of a Contracting State except when the ship or aircraft is operated solely between places in the other Contracting State;
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(i)
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the term "competent authority" means:
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(i)
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in India: the Finance Minister, Government of India, or his authorized representative;
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(ii)
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in Oriental Republic of Uruguay the Ministry of Economy and Finance or its authorized representative.
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(j)
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the term "national" means:
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(i)
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any individual possessing the nationality or citizenship of a Contracting State;
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(ii)
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any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
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(k)
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the term "tax'' means Indian or Uruguayan tax, as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Agreement applies or which represents a penalty or fine imposed relating to those taxes;
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(l)
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The term "fiscal year" means:
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(i)
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in the case of India: the financial year beginning on the 1st day of April:
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(ii)
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in the case of Uruguay: the calendar year beginning on the 1st day of January for the purposes of individuals and the taxable period of 12 months for other persons.
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2. As regards the application of the Agreement at any time by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Agreement applies and any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.
ARTICLE 4
RESIDENT
1. For the purposes of this Agreement, the term "resident of a Contracting State" means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of incorporation, place of management or any other criterion of a similar nature and also includes that State and any political subdivision or local authority thereof. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State or capital situated therein.
2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:
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(a)
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he shall be deemed to be a resident only of the State in which he has a permanent home available to him; if he has a permanent home available to him in both States, he shall be deemed to be a resident only of the State with which his personal and economic relations are closer (centre of vital interests);
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(b)
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if the State in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either State, he shall be deemed to be a resident only of the State in which he has an habitual abode;
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(c)
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if he has an habitual abode in both States or in neither of them, he shall be deemed to be a resident only of the State of which he is a national;
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(d)
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if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.
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3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the State in which its place of effective management is situated. If the State in which its place of effective management is situated cannot be determined, then the competent authorities of the Contracting States shall endeavour to settle the question by mutual agreement.
ARTICLE 5
PERMANENT ESTABLISHMENT
1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
2. The term "permanent establishment" includes especially:
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(a)
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a place of management;
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(b)
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a branch;
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(c)
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an office;
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(d)
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a factory;
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(e)
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a workshop;
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(f)
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a sales outlet;
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(g)
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a warehouse in relation to a person providing storage facilities for others;
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(h)
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a farm, plantation or other place where agricultural, forestry, plantation or related activities are carried on; and
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(i)
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a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.
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3. (a) A building site or construction, installation or assembly project or supervisory activities in connection therewith constitutes a permanent establishment only if such site, project or activities last 183 days or more.
(b) The furnishing of services, including consultancy services, by an enterprise through employees or other personnel engaged by the enterprise for such purpose, but only where activities of that nature continue ( for the same or connected project) within the country for a period or periods aggregating more than 90 days within any 12-month period.
4. Notwithstanding the preceding provisions of this Article the term "permanent establishment" shall be deemed not to include:
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(a)
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the use of facilities solely for the purpose of storage, display of goods or merchandise belonging to the enterprise;
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(b)
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the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display;
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(c)
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the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
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(d)
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the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise;
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(e)
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the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character;
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(f)
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the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.
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5. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an independent status to whom paragraph 7 applies - is acting in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State in respect of any activities which that person undertakes for the enterprise, if such a person:
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(a)
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has and habitually exercises in that State an authority to conclude contracts in the name of the enterprise, unless the activities of such person are .limited to those mentioned in paragraph 4 which, if exercised through a fixed plate of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph, or
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(b)
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Posted By: Vinay Sharma | Category :
Income Tax |
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