International Taxation Ready Reckoner

This book is India's first 'ready reckoner' with a specific focus on international taxation & taxation of cross-border transactions. It covers the entire spectrum of topics, which are as follows:

• Basic provisions of the scheme of taxation in India
• Residence in India
• Role of Double Taxation Avoidance Agreements (DTAA)
• Interaction of DTAA with the Income-tax Act
• How to read a DTAA?
• How to determine eligibility for DTAA?
• How to resolve the conflict between a DTAA & Income-tax Act?

It is an essential handbook for anyone who is dealing with cross-border transactions, including:

• Payments made to non-residents
• Transactions with non-residents
• Digital transactions
• Withholding tax obligation obligations of residents

The Present Publication is the 1^st Edition and has been amended by the Finance Act 2023. This book has been authored by CA Daksha Baxi & Adv. Surajkumar Shetty with the following noteworthy features:

• [Exhaustive Coverage] of the tax implications on cross-border transactions
• [Evaluating the Taxability] using the following:
  • Income-tax Act
  • Double Taxation Avoidance Agreement
  • Reference to Rules, Forms, Circulars, etc.
  • Reference to Case Laws
• [Authors' Notes] are given for the following:
  • How should an advisor approach the transaction?
  • What investigations should be made to apply the law and principles of the Income-tax Act & Double Taxation Avoidance Agreement?
• [Conceptual Analysis in Simplified Language with Examples & Case Laws] for the following 'noted' topics, among others:
  • Place of Effective Management
  • Permanent Establishment
  • Business Connection
  • Foreign Portfolio Investors
  • Investment Funds & their Investors
    • Alternative Investment Funds (AIFs)
    • Infrastructure Investment Funds (InvITs)
    • Real Estate Investment Trusts (REITs)
    • Securitisation Trust
• [Covering Provisions relating to Litigation Proceedings] under the following:
  • Income-tax Act
  • Mutual Agreement Procedure (MAP) under the Double Taxation Avoidance Agreement
  • Authority for Advance Ruling (AAR) Process
  • Equalisation Levy
  • Transfer Pricing Provisions
  • General Anti Avoidance Rules (GAAR)
  • Special Provisions for International Financial Services Centres (IFSC)
• [Illustrations/Examples, Practical & Comprehensive Case Studies] are given to provide insights into the finer nuances of cross-border transactions

The detailed contents of the book are as follows:

• Tax System for Non-Residents in India - An Overview
• Tax Treaties
• Setting Up a Business in India
• Classification of Income
• Determining Eligibility to Claim Benefits of DTAA
• Taxation of Rental Income
• Taxation of Business Income
• Taxation of Dividend Income
• Taxation of Interest Income
• Taxation of Royalty Income
• Taxation of Income from Fees for Technical Services
• Taxation of Capital Gains
• Taxation of Employment Income
• Taxation of Non-Resident Indian
• Taxation of Foreign Portfolio Investors
• Taxation of AIFs, REITs, InvITs, Securitisation Trust
• Transactions Attracting Transfer Pricing Regulations
• Business Reorganisations
• Discontinuance of Business and Dissolution of Indian Company
• Foreign Tax Credit
• Making Payments to NRs & Obtaining Lower Withholding Certificate
• Assessments, Appeals and Dispute Resolution
• General Anti-Avoidance Rules
• Miscellaneous
• Case Study to Determine Taxability of NR, under the IT Act & DTAA