Completion of Internal Procedures for the Revised Double Taxation Avoidance Agreement (DTAA) between India and Cyprus notified; Revised DTAA to come into effect in India in the fiscal year beginning on or after 1st April, 2017;

Will enable source based taxation of capital gains on shares, except in respect of investments made prior to 1st April, 2017; Will also bring into effect updated provisions as per international standards and in accordance with the consistent position of India. 

 A revised Agreement between India and Cyprus for the Avoidance of Double Taxation and the Prevention of Fiscal evasion (DTAA) with respect to taxes on income, along with its Protocol, was signed on 18th November, 2016 in Nicosia, which will replace the existing DTAA that was signed by two countries on 13th June 1994. The Protocol was signed by Mr. Ravi Bangar, High Commissioner of India to Cyprus on behalf of India and Mr. Harris Georgiades, the Minister of Finance on behalf of Cyprus. 

Both sides have now exchanged notifications intimating the completion of their respective internal procedures for the entry into force of the DTAA, with which the revised DTAA shall come into effect in India in the fiscal year beginning on or after 1st April, 2017. The revised DTAA will enable source based taxation of capital gains on shares, except in respect of investments made prior to 1st April, 2017. In addition, the DTAA will also bring into effect updated provisions as per international standards and in accordance with the consistent position of India. 

In a separate development, the notification of Cyprus under Section 94A of the Income Tax Act, 1961, as a notified jurisdictional area for lack of effective exchange of information, has been rescinded with effect from 1.11.2013 [Notification No. 114/2016 dated 14.12.2016]. The bilateral economic ties between the two countries are expected to be further strengthened by these measures. 

Source-based taxation of capital gains on shares implemented under a revised DTAA, with grandfathering for prior investments. Revised Double Taxation Avoidance Agreement between India and Cyprus will take effect in India in the fiscal year beginning on or after 1st April, 2017, enabling source-based taxation of capital gains on shares with a grandfathering exception for pre-existing investments; the Agreement replaces the 1994 treaty, updates provisions to align with international tax standards, and follows rescission of a domestic notification that had identified Cyprus as lacking effective exchange of information.