Cross Border Transaction Advisory for Double Tax Avoidance Agreements

Today all the businesses are continually challenged to manage the impact of multiple and ever-changing tax jurisdiction. The United Nations, the WTO and the developed nations of the world have all propagated free trade across all geographical barriers and the enhancement of economic development across all frontiers. The joint policy statements made by the heads of the Government of India and the various foreign countries encourage and emphasize the need for cross border transactions. For this purpose double tax avoidance agreements have been introduced to prevent and mitigate the hardship that can be faced by individuals and companies alike by having to pay taxes in more than one jurisdiction globally. Cross border transactions help in strengthening and enlarging the scope of financial and non-financial activities helping to achieve the targets of overall growth and prosperity.

Our endeavor is to advise our clients through all the stages of the cross border transactions to mitigate the hardship of double taxation.

• Advise for avoidance of double taxation of income under the Income Tax Act, 1961 in India and under the corresponding law in force in the foreign country
• Procedure for obtaining relief in respect of income on which income tax has been paid under the income tax laws both in India and in a foreign country
• For recovery of income tax under the income tax laws in India and under the corresponding provisions of the law in force in the foreign country
• Advise on the incidence of tax and the nature of the income and expenditure
• Opinions on the various Double Tax Avoidance Agreement related issues
• Issues on the Supremacy of the Double Tax Avoidance Agreements over the Income Tax Act, 1961
• Assessing the income of non-resident and its tax incidence keeping as per the provisions of the Indian Tax laws and the provisions of the double tax avoidance agreements