Article 1 – Personal Scope |
This Agreement shall apply to persons who are residents of one or both of the Contracting States. |
Article 2 – Taxes Covered |
The existing taxes to which this Agreement shall apply are in particular: |
Article 3 – General Definitions |
For the purposes of this Agreement, unless the context otherwise requires: |
Article 4 – Residence |
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, citizenship, place of management, place of incorporation, or any other criterion of a similar nature. |
Article 5 – Permanent Establishment |
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. |
Article 6 – Income from Immovable Property |
Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. |
Article 7 – Business Profits |
The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. |
Article 8 – Shipping and Air Transport |
Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. |
Article 9 – Associated Enterprises |
Where an enterprise of a Contracting State participates directly or indirectly in the management, control, or capital of an enterprise of the other Contracting State, the profits of the enterprise of the first-mentioned State may be taxed in the other State. |
Article 10 – Dividends |
Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. |
Article 11 – Interest |
Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. |
Article 12 – Royalties |
Royalties arising in a Contracting State and derived by a resident of the other Contracting State may be taxed in that other State. |
Article 13 – Capital Gains |
Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State. |
Article 14 – Independent Personal Services |
Income derived by an individual who is a resident of a Contracting State in respect of professional services or other independent activities may be taxed in the other Contracting State. |
Article 15 – Dependent Personal Services |
Subject to the provisions of Articles 16, 18, and 19, salaries, wages, and other similar remuneration derived by a resident of a Contracting State in respect of an employment may be taxed in that other State. |
Article 16 – Directors` Fees |
Directors` fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State. |
Article 17 – Artistes and Athletes |
Notwithstanding the provisions of Article 14, income derived by public entertainers, such as theatre, motion picture, radio, or television artistes, and musicians, and by athletes, from their personal activities as such may be taxed in the country in which these activities are exercised. |
Article 18 – Pensions, Annuities, Alimony, and Child Support |
Pensions and other similar remuneration paid to a resident of a Contracting State may be taxed in that State. |
Article 19 – Governmental Functions |
Remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority may be taxed in that State. |
Article 20 – Students and Trainees |
Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of his education or training receives for the purpose of his maintenance, education, or training shall not be taxed in that State. |
Article 21 – Other Income |
Income not expressly dealt with in the foregoing Articles of this Agreement shall be taxable only in the Contracting State of which the recipient is a resident. |
Article 22 – Limitation on Benefits |
A resident of a Contracting State who receives income from the other Contracting State shall be entitled under this Agreement to the benefits of Articles 10, 11, and 12 only if the beneficial owner of such income satisfies the conditions listed in this Article. |
Article 23 – Elimination of Double Taxation |
In accordance with its laws for the avoidance of double taxation, the United States shall allow to a resident of the United States as a credit against the United States tax on income the appropriate amount of income tax paid to India. |
Article 24 – Non-Discrimination |
Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. |
Article 25 – Mutual Agreement Procedure |
Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident. |
Article 26 – Exchange of Information and Administrative Assistance |
The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Agreement or of the domestic laws concerning taxes of every kind imposed on behalf of the Contracting States insofar as the taxation thereunder is not contrary to the Agreement. |
Article 27 – Diplomatic Agents and Consular Officers |
Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. |
Article 28 – Entry into Force |
This Agreement shall enter into force on the thirtieth day after the date of receipt of the later of these notifications and its provisions shall have effect: |
Article 29 – Termination |
This Agreement shall remain in force indefinitely but may be terminated by either Contracting State, and may be terminated at any time after five years from its entry into force. |