What is Double Taxation and How Does it Work?

Double taxation is a financial concept that affects individuals and businesses earning income across multiple jurisdictions. It occurs when the same income is taxed twice—either at corporate and personal levels or in two different countries. This can lead to a significant financial burden, especially for businesses and individuals engaged in global operations. Fortunately, countries have implemented mechanisms such as Double Taxation Avoidance Agreements (DTAAs) to mitigate this issue.

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Double Taxation for Non-Residents

For non-residents earning income in India, taxation also creates challenges. Unless specifically exempted, such income is subject to Tax Deducted at Source (TDS) in India. At the same time, the same income is included in their global taxable income in their country of residence. As a result, the same earnings are taxed twice, in two different countries.

This issue can be resolved if the income earner receives a tax credit for the tax already paid. Typically, TDS deducted in India is eligible for such credits. Tax treaties signed between India and other countries also allow non-residents to claim tax credits in their home country, reducing the burden of double taxation.

Tax Treatment of Dividends vs Interest

In the case of dividends, companies levy TDS at the time of distribution. This levy is in addition to the tax already paid on the company’s net taxable income, creating a double taxation scenario for investors.

On the other hand, interest income earned by lenders is treated differently. Here, TDS deducted on interest is eligible for a credit, ensuring that the income is taxed only once in the hands of the recipient.

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Double taxation can be managed through Foreign Tax Credit (FTC), Exemption methods, or Special/Reduced Tax Rates under DTAA.

1. Foreign Tax Credit (FTC)

Example: Aarav, an OCI living in India, earns Rs. 4,00,000 in capital gains from investments in the UK.

He pays Rs. 80,000 tax in the UK. In India, his long-term capital gains tax liability works out to Rs. 56,000.

Under FTC, Aarav can offset the Rs. 56,000 payable in India against the UK tax already paid.

Outcome: No additional tax liability in India.

2. Exemption Method

Example: Meera, deputed by an Indian company to Germany for three years, receives a salary of Rs. 40,00,000, credited to her Indian account.

Normally, this salary would be taxable in India. However, under the India-Germany DTAA, salary for services rendered abroad is exempt in India.

Outcome: Meera pays tax only in Germany, not in India.

3. Reduced/Special Tax Rates

Example: Kabir, an NRI living in Australia, earns Rs. 15,00,000 interest on his NRO account in India.

His bank deducts TDS at 31.2% (Rs. 4,68,000).

Under the India-Australia DTAA, interest income is taxed at a reduced rate of 10%.

Kabir files his return in India, pays only ₹1,50,000, and claims a refund for the excess deduction. He can also use the Indian taxes paid as a credit against his Australian tax liability.

Outcome: Refund in India + FTC in Australia.

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Double taxation can have far-reaching implications for businesses and individuals. Here are some of the key impacts:

• Financial burden: Paying taxes twice reduces disposable income and undermines profitability.
• Discourages investments: Double taxation can deter foreign investments and cross-border trade.
• Complex compliance: Navigating tax laws in multiple jurisdictions can be time-consuming and costly.
• Reduced savings: For individuals, double taxation can erode savings and long-term financial security.

To avoid such complications, governments worldwide have introduced DTAAs and other tax relief measures.

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Double taxation can significantly impact financial stability, especially for those earning income across borders or through corporate dividends. Understanding its types, implications, and avoidance methods is crucial for effective financial planning. Mechanisms like DTAAs and strategic investments in tax-efficient instruments, such as the Bajaj Finance Fixed Deposit, can help secure your financial future.

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