India-Singapore DTAA amendments made by third protocol comes into Force on 27th February 2017
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, 23rd March, 2017.
Press Release
Third Protocol Amending India-Singapore DTAA Comes into Force
The Third Protocol amending India-Singapore Double Taxation Avoidance Agreement (DTAA) which was signed on 30th December, 2016 has entered into force on 27th February 2017. The same has been notified in the Official Gazette today.
The India-Singapore DTAA at present provides for residence based taxation of capital gains of shares in a company. The Third Protocol amends the DTAA with effect from 01st April, 2017 to provide for source based taxation of capital gains arising on sale of shares in a company. This will curb revenue loss, prevent double non-taxation and streamline the flow of investments. In order to provide certainty to investors, investments in shares made before 01st April, 2017 have been grandfathered subject to fulfillment of conditions in Limitation of Benefits clause as per 2005 Protocol. Further, a two-year transition period from 1st April, 2017 to 31st March, 2019 has been provided during which capital gains on shares will be taxed in source country at half of normal tax rate, subject to fulfillment of conditions in Limitation of Benefits clause.
The Third Protocol also inserts Article 9(2) in the DTAA which would facilitate relieving of economic double taxation in transfer pricing cases. This is a taxpayer friendly measure and is in line with India’s commitments under Base Erosion and Profit Shifting (BEPS) Action Plan to meet the minimum standard of providing Mutual Agreement Procedure (MAP) access in transfer pricing cases. The Third Protocol also enables application of domestic law and measures concerning prevention of tax avoidance or tax evasion.
(Meenakshi J Goswami)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT.
Temporarily blocking public access to Telegram App under section 69A of IT Act 2000 is not disproportionate - Delhi HC…
High Court explains the meaning of term ‘enterprise’ appearing in section 80IA to means a project or an undertaking owned…
Addition deleted as assessee was only a carrier of cash and the real owner had come forward owning the cash…
Lokayukta Police not an ‘intelligence and security’ organisation and hence not exempt from disclosure of information under RTI Act 2005…
Payment of imprest whether a transfer within the meaning of section 269ST – case remanded for determination In a recent…
CA Misconduct – Appellate order quashed as final judgment was not passed by same members who heard arguments. In a…