New Zealand India Double Tax Agreement

The New Zealand-India Double Tax Agreement: What You Need to Know

The New Zealand-India Double Tax Agreement was signed in 1986, with an aim to avoid double taxation of income and to promote economic cooperation between the two countries. Over the years, the agreement has been revised and updated to reflect the changing economic landscape. In this article, we will explore the key features of the agreement and their implications for taxpayers.

What is Double Taxation?

Double taxation occurs when an individual or company is taxed twice on the same income in two different countries. This can happen if the person or company is resident in one country and earns income in another. Without a double taxation agreement, the person or company would be required to pay taxes on this income in both countries, leading to an unfair burden of taxation.

What Does the Agreement Cover?

The New Zealand-India Double Tax Agreement covers a wide range of taxes, including income tax, corporate tax, and capital gains tax. The agreement applies to residents of both countries and seeks to avoid double taxation by providing for the following:

1. Residence Based Taxation: The agreement provides for taxation of income based on the residence of the taxpayer. This means that if a person is resident in New Zealand, they will be taxed only in New Zealand on their worldwide income. Similarly, if a person is resident in India, they will be taxed only in India on their worldwide income.

2. Elimination of Double Taxation: The agreement provides for the elimination of double taxation by allowing taxpayers to claim a credit for taxes paid in the other country. For example, if a New Zealand resident earns income in India and pays tax on that income in India, they can claim a credit for that tax paid in their New Zealand tax return.

3. Prevention of Tax Evasion: The agreement includes provisions to prevent tax evasion and encourage the exchange of information between tax authorities of the two countries.

4. Non-Discrimination: The agreement ensures that residents of both countries are treated equally and are not subjected to discriminatory tax treatment.

What are the Implications for Taxpayers?

The New Zealand-India Double Tax Agreement has significant implications for taxpayers who earn income in both countries. By eliminating double taxation and providing for a credit for taxes paid in the other country, taxpayers can avoid an unfair burden of taxation. The agreement also provides for a more transparent and predictable tax system, which is beneficial for businesses and investors.

In conclusion, the New Zealand-India Double Tax Agreement is an important agreement that has helped to promote economic cooperation between the two countries and provided relief to taxpayers. It is important for taxpayers to be aware of the provisions of the agreement, so that they can take advantage of its benefits.

About the Author

Deepak Ghatkar

Joint Secretary, MLSA, Maharashtra State and Founder Member of Mahavidhi Law Students Assocation, Maharashtra.

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