CBDT Press Release No. 402/92/2006-MC (03 of 2010), dated 15-1-2010

A revised Agreement and Protocol between the Republic of India and the Republic of Finland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (DTAA) was signed by Sh. S.S.N. Moorthy, Chairman, CBDT on behalf of Government of India and Ms Terhi Hakala, the Ambassador of Finland to India, on behalf of Government of Finland.

2. As per the revised Agreement, withholding tax rates have been reduced on dividends from 15 percent to 10 percent, and on royalties and fees for technical services from 15 or 10 percent to a uniform rate of 10 percent. Lowering of withholding tax will promote greater investments, flow of technology and technical services between the two countries.

3. The revised Agreement also expands the ambit of Article concerning Exchange of Information to provide effective exchange of information in line with current international standards. The Article inter-aliaprovides that a Contracting State shall not deny furnishing of the requested information solely on the ground that it does not have any domestic interest in that information or such information is held by a bank etc. An Article for Limitation of Benefits to the residents of the contracting countries has also been included to prevent misuse of the DTAA.

4. Other features of the revised Agreement are:-

a) Provisions regarding Service PE has been included in the Article concerning PE.

b) Paragraph 2 to Article 9 has been included to increase the scope for relieving double taxation through recourse to Mutual Agreement Procedure (MAP).

c) A new Article on assistance in collection of taxes has been added to ensure assistance in collection of taxes when such taxes are due under the domestic laws and regulation.

d) The time test for Independent Personal Service has been extended from 90 days or more in the relevant fiscal year to 183 days or more in any period of 12 months commencing or ending in the fiscal year concerned.

5. The revised DTAA will enter into force after completion of internal processes in both the countries.

Withholding tax reductions boost cross-border investment under revised DTAA with expanded information exchange and limitation of benefits clause enhances treaty integrity. The revised bilateral tax agreement reduces withholding taxes on distributions and payments to encourage investment and technology transfer, harmonizes withholding treatment for royalties and technical service fees, and strengthens information exchange by preventing refusal of requests solely for lack of domestic interest or because information is held by banks. It adds a Limitation of Benefits clause to prevent treaty misuse, expands permanent establishment rules to include service PE, extends the time test for independent personal services, broadens the Mutual Agreement Procedure for relief from double taxation, and introduces assistance in collection of taxes, subject to each State's internal completion procedures.