Lok Sabha Question No. 92 (STARRED), answered on 2015-12-04
Subject: DTAA
Ministry: FINANCE
Asked by: MAHENDRA NATH PANDEY, VINOD KUMAR BOIANAPALLI

## GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE

## LOK SABHA STARRED QUESTION NO. *92

TO BE ANSWERED ON Friday, December 4, 2015/Agrahayana 13, 1937 (Saka)

## DTAA

t*92. DR. MAHENDRA NATH PANDEY: SHRI B. VINOD KUMAR:

Will the Minister of FINANCE be pleased to state:

- (a) whether the International Conventions follow models developed by the Organisation for Economic Co-operation and Development and the United Nations Organisation for Double Taxation Avoidance Agreement (DTAA) and if sO, the details thereof with the norms adopted under the said models; along
- (b) the names of the countries with which the Indian Government has signed DTAA, model-wise including Thailand and Seychelles;
- whether the Government has reviewed and signed fresh DTAA with the signatory countries; and
- (d) if so, the details thereof along with the reasons therefor and the status thereon; country-wise including Thailand and Seychelles?

## ANSWER

THE FINANCE MINISTER (SHRI ARUN JAITLEY)

(a) to (d): A Statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) OF LOK SABHA STARRED QUESTION NO\_ *92 FOR 4th DECEMBER, 2015 REGARDING "DTAA" TABLEDBY DRMAHENDRA NATH PANDEY AND SHRI B  VINOD KUMAR

(a): International Conventions on avoidance of double taxation may follow model developed by Organisation of Economic Co-operation and Development (OECD) and the model developed by the United Nations (UN): However; Double Taxation Avoidance Agreements (DTAAs) of various countries may vary from both the OECD and UN models and may contain provisions different from the two models as agreed upon between the signatory countries. The OECD and UN DTAA models allocate taxation rights between the country from which the income is sourced (source country) and the country of which the taxpayer is a resident (resident country) so as to avoid double taxation of income  Many provisions of the two models are similar; but in general, the UN Model allocates more rights to the source country: taxing

(b): India has signed 94 DTAAs with various countries namely-,   Albania, Armenia, Australia, Austria, Bangladesh; Belarus, Belgium, Bhutan, Botswana, Brazil, Bulgaria, Canada; China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Egypt; Estonia,  Ethiopia, Fiji, Finland, France,  Georgia, Germany, Greece, Hungary, Iceland, Indonesia Ireland, Israel, Italy , Japan, Jordan, Kazakhstan, Kenya, Korea, Kuwait; Kyrgyz Republic Libya, Lithuania, Luxembourg, Macedonia, Malaysia, Malta , Mauritius, Mexico, Mongolia, Montenegro,  Morocco; Mozambique, Myanmar,  Namibia, Nepal, Netherlands, New Zealand, Norway; Oman, Philippines, Poland, Portuguese Republic, Qatar; Romania, Russia , Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain , Sri Lanka, Sudan, Sweden, Swiss Confederation, Syria, Taiwan; Tajikistan ,  Tanzania,  Thailand, Trinidad and Tobago, Turkey,  Turkmenistan, United Arab Emirates,   Uganda; UK, Ukraine,   Uruguay, USA, Uzbekistan, Vietnam and Zambia. These DTAAs contain provisions as per the OECD and the UN models, as well as provisions deviating from these models; as agreed upon by the two sides during negotiations. India does not have a DTAA with Seychelles  However; India signed a Tax Information Exchange Agreement with Seychelles

(c) and (d): Sir. Government reviews and  signs revised DTAAs with countries, as required. Review of DTAAs is an on-going process normally aimed at updating the DTAA SO as to bring it to the latest international standards, to incorporate new provisions for mutual CO-operation in tax matters as well as for making   amendments  that may be desired by either of the  treaty partners: Government has accordingly revised DTAAs with  Australia, Austria, Belgium, Canada, Czech Republic, Denmark; Finland, France, Germany, Hungary; Thailand and UK The revised DTAA with Thailand has entered into force on 13th October, 2015. Yes,

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