https://www.taxtmi.com/caselaws?id=758279 Article 4 of the India-USA DTAA was applied to determine whether a fiscally transparent US LLC could claim treaty benefits and be treated as a resident liable to tax in the United States. The Tribunal considered that liability to tax may arise through domicile, residence, incorporation, or a similar criterion, and that a single-member LLC can still have sufficient taxable nexus through its owner. Relying on the tax residency certificate and US tax classification materials, it found that actual tax payment by the entity itself was not decisive. The treaty's treatment of fiscally transparent entities and the partnership clause supported eligibility where income is taxed in the residence State directly or through the owner. en-us Thu, 05 Sep 2024 00:00:00 +0530 Tue, 10 Sep 2024 11:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758279 Article 4 of the India-USA DTAA was applied to determine whether a fiscally transparent US LLC could claim treaty benefits and be treated as a resident liable to tax in the United States. The Tribunal considered that liability to tax may arise through domicile, residence, incorporation, or a similar criterion, and that a single-member LLC can still have sufficient taxable nexus through its owner. Relying on the tax residency certificate and US tax classification materials, it found that actual tax payment by the entity itself was not decisive. The treaty's treatment of fiscally transparent entities and the partnership clause supported eligibility where income is taxed in the residence State directly or through the owner. Case-Laws Income Tax Thu, 05 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758279