Jul 27, 2022 
Taxes
Tax on Capital gains under DTAA between United Arab Emirates and India
What is the purpose of having an Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with UAE by India (DTAA) between UAE and India?
- In the Present Era of cross border transactions across the globe, the effect of Taxation is one of the important considerations for any Trade and Investment decisions in another countries.
- Where a taxpayer is resident in one country and but has source of income situated in another country, it gives rise to possible double taxation.
- DTAA lays down rules for taxation of the income by the Source country and the residence country.
- The Provisions of DTAA are compared with domestic law, assessee can opt for anyone which is beneficial to him.
This treaty was entered into by UAE and India with an aim to promote their economic relations and prevent tax evasion.
Scope
This DTAA agreement shall apply to persons who are residents of one or both of the Contracting States (UAE or India).
Taxes Covered This agreement applies on the following existing taxes:- Income Tax, Corporation Tax and Wealth Tax in UAE
- Income Tax and Wealth Tax in India
Following is the summary of the DTAA between UAE and India with respect to capital gains:
| Area of Income | Income earned in |
Income taxed in |
| Capital Gains – Transfer of immovable property | Contracting state where he is a resident | In the contracting state where the property is situated |
| Capital Gains – Transfer of Movable property forming part of business property of PE of enterprise | Contracting state where the enterprise is situated | In the other state where the PE is situated. |
| Capital Gains – Transfer of shares of a company | In the state where the company is a resident | – In the state where company’s property, which consists principally of immovable property, is situated – In other cases, where the company is a resident |
| Capital Gains – Transfer of any property other than above | In the contracting state where the transferor is resident | In the same state where the transferor is resident |
Article 13 – Capital Gains
- Gains derived by a resident of a contracting state from the transfer of ownership of immovable property may be taxed in other state in which the property is situated.
- Gains from the transfer of ownership of movable property forming part of business property of a PE which an enterprise of a contracting state has in other state or of movable property available for the purpose of performing independent personal services may be taxed in that other state.
- Gains from transfer of ownership of shares of the capital stock of a company the property of which consists directly or indirectly principally of immovable property situated in the contracting state may be taxed in that state. However in other cases, it may be taxed in that state where the company is a resident.
- Gains from transfer of any other property shall be taxable only in the state of which the transferor is a resident.
Elimination of Double Taxation
- Where a resident of India derives income or owns capital which, in accordance with the provisions of the agreement, may be taxed in UAE, India shall allow as a deduction from the tax on the income/capital of that resident an amount equal to Income tax or capital tax paid in
