
VT VL-02 (formerly TA-VL-02) 2023-2025 free printable template
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Now as you look at claiming the benefits of a particular treaty the first thing that you need before you can claim the benefit of a treaty is the proof of residence what this means is that if there is a person who claims to be a tax resident of UK he needs to prove that he is a resident of UK for tax purposes if he is a resident he won't be entitled to the benefit of the India UK treaty but if he is not a resident he will not be entitled to the benefit of this treaty which means that if he is not entitled to the benefit of the treaty the taxation will be governed by the provision of the Income Tax Act right this particular aspect is covered by section 90 subsection 4 and section 90 subsection 5 of the Income Tax Act let's just look at it there will be no relief whatsoever which will be given under the DET double a DG double A's double taxation avoidance agreement or the treaty as we call it unless a tax residency certificate a TRC as it is generally called is obtained from the government of the treaty partner country so in order to claim the benefit of the India UK treaty the person has to have a tax residency certificate from the government of UK which says that he is a tax resident of UK in addition to this there are certain other prescribed documents which are required to be obtained one thing I want to tell you here is that both these conditions are cumulative you have to have a TRC you have to provide these other documents there is a form 10 F in which a declaration needs to be updated right and when we talk about these other documents so let's see in case of a business profit generally the person who is making the payment should insist on an OBE certificate which means that the person who is receiving the money if he is getting business in cohesion give a certificate that it's not a certificate it could be kind of a declaration that he does not have a BA in India before the person who's making the payment does not with all the tax from 10 F contains certain basic requirements which are more or less the details about the tax status I would say of the recipient in the home country the TRC could be in any format there is no specified format which is there for a tax residence a certificate right different governments may give it in a different format as long as to summon substances that the person is a tax resident that should be ok but is applicable to all kinds of assesses it is not only the companies which have to get it even an LLP if you want to take a benefit under the treaty or an individual they all are required to obtain a TRC, and it is required irrespective of the quantum of payment or the tax on water now whether you are making a payment of dollar a hundred thousand or dollar ten million doesn't make a difference in both these cases if you want to claim the benefit of the Indian key treaty you have to have a TRC from the UK government, and you have to submit the other prescribed documents and information some of which is given in...
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