TaxTMI 
TaxTMI 
TaxTMI 
Introduction – Interpretations of Treaties
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....ons on legal questions at the request of the organs of the United Nations or specialized agencies. Article 38(1) of the International Court of Justice (ICJ) provides that the court shall apply the following in deciding on a particular matter - * International Conventions - Establishing rules expressly recognized by the contesting states. * International Customs - Serving as evidence of genera....
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....alled as Multinational International Agreements (MIA). Ex- Vienna Convention Law of Treaties (VCLT) is a multilateral treaty signed and ratified by several countries, which codifies the customary international law for interpretation of tax treaties. Double Taxation Avoidance Agreement (DTAA) - It includes Protocols, memorandum of understanding, and exchange of information. Etc., forming part of D....
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....types of connecting factors to determine the jurisdiction, namely, "Residence" and "Source". It means a company can be subject to tax either on its residence link or its source link with a country. It means a company can be subject to tax either on its residence link or its source link with a country. If a company is doing business with another country (i.e host/source country), then it would be s....
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....ountry, or in the absence of such an agreement, an Indian company can invoke provisions of section 91, providing unilateral relief in the event of double taxation. * Economic Double Taxation - 'Economic double taxation' happens when the same transaction, item of income or capital is taxed in two or more states but in hands of different persons (because of lack of subject identity) Example : Su....