UNIT VII
DTAA u/s 90 & 91
In the current business environment, businesses are expending outside the border of countries and becoming global. A lot of foreign companies are operating in India and many Indian companies are operating in foreign countries. These companies pay taxes on the same income in more than one country. For example, Indian company X Limited operating in the USA has to pay tax in the USA on Income earned there and has to pay tax in India on its global income which includes income earned in the USA.
To provide relief from this double taxation Governments are entering in Double Taxation Avoidance Agreement. Income Tax Act also offers multiple reliefs to the Assessees.
Relief under section 90 and Section 91 of Income Tax Act, 1961
If a person who is resident in India in any previous year, in respect of his income, accrued or arose outside India has paid tax on such income in any country outside India, he shall be entitled deduction from the Income Tax payable by him of a sum calculated on such doubly taxed income:
Under section 90 if the country in which tax is paid has entered double taxation avoidance agreement with the Government of India.
Under section 91 if the country in which tax is paid has not entered into any agreement with the Government of India.
Calculation of Relief under section 90/91
Relief allowed under section 90/ 91 is lower of following accounts
1) Tax paid on double-taxed income outside India.
2) Tax payable on double-taxed income under Income Tax Act.
Procedural Requirements
Following documents is required to be furnished by the assessee:
1. Statement of income from a country or specified territory outside India offered for the previous year and of foreign tax paid and deducted on such income in form 67 before the due date of filing of Income Tax Return.
2. A statement or certificate specifying the nature of income and amount of tax deducted or paid thereof:
- From the tax authority of the country of specified territory outside India.
- From the person responsible for such deduction
- Signed by the assessee.
A signed statement by the Assessee is valid only if it is accompanied by the proof of deduction of tax or an acknowledgment of the online payment of tax.
Key Takeaways:
- To provide relief from this double taxation Governments are entering in Double Taxation Avoidance Agreement.
- A signed statement by the Assessee is valid only if it is accompanied by the proof of deduction of tax or an acknowledgment of the online payment of tax.
References:
- Www.taxguru.com
- Income Tax Act with Gist of Supreme Court Rulings Book (Bharat Law House.)
- Income Tax Law & Accounts For B.Com Vth Semester of Calicut University (English, Paperback, Dr. H.C. Mehrotra, Dr. S.P. Goyal)
