Deductions allowed for tax paid in foreign nations
The rules will allow for foreign tax credit with all
countries with which India has a double tax
avoidance agreement as well as tax paid by Indian
residents in other specified countries.
The draft rules have also proposed that the credit
will be available to the resident assessee in the
year in which the income has been taxed or
assessed in India. Further, the credit will be calculated separately
for each source of income and from each country.
The amount of credit available will be lower of
the tax payable under the Income Tax Act on
such income and the foreign tax already paid and
will be calculated based on the conversion rate
on the day the foreign tax was paid.
Taxpayers will also have to furnish documentary
evidence for availing the credit including a
certificate for the tax department of the foreign
company, acknowledgement of online tax
payment or bank counter foil and a declaration
that the amount is not under any dispute.
Cess and surcharges in addition to tax will also
be creditable and it will be available against MAT
liability too.
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