How to avoid double taxation in india and us

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  • How to avoid double taxation in india
  • Double taxation avoidance agreement pdf!

    How does a Double Taxation Avoidance Agreement (DTAA) help NRIs/OCIs/PIOs?

    For example- Rahul, a PIO, is a US citizen who has permanently relocated to India (his resident country).

    He has a total taxable income of ₹75,00,000 of which income from capital gains is ₹5,00,000 from his investments in shares in the US market (source country).

    He has to pay US federal income tax of ₹1,00,000 (assumed) on such capital gain.

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  • As per the Indian Income Tax Act, 1961 on long term capital gains from equity in a foreign country, he is liable to pay income tax at 14.30% (12.5% tax+ 10% surcharge + 4% education cess on tax and surcharge). Accordingly, he will have to pay a long term capital gain tax in India of ₹71,500 in India.

    Rahul is eligible to claim the FTC in respect of US federal tax of ₹1,00,000.

    However, Rahul can claim FTC only up to ₹71,500 in India. Therefore, he will not be required to pay any further taxes on such capital gain in India.

    For example- Rohan, an Indian national, is deputed by an Indian MNC to work in the US for three years.

    Therefore, he becomes a US tax resi

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