Agreement between the Government of the Republic of India and Government of Republic of India and the Government of United States of America for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes
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Withholding limits on cross-border dividends, interest and royalties clarified; permanent establishment and mutual agreement procedures govern taxation relief.
Bilateral Convention allocates taxing rights between India and the United States, defines residence and permanent establishment, prescribes withholding ceilings for dividends, interest, royalties and fees for included services, and provides arm's-length profit attribution, limitation-on-benefits, non-discrimination, and MAP-based dispute resolution. Article 28 requires exchange of information with confidentiality safeguards. The Protocol and memoranda clarify scope of included services and PE agency rules, and an MoU with administrative Instructions permits suspension of tax collection during MAP on specified conditions, including provision of a bank guarantee.