ARTICLE
25 July 2016

Negotiations To Amend Cyprus-India Double Tax Agreement Concluded

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Elias Neocleous & Co LLC

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Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
The Ministry of Finance has formally announced that the negotiations on the double tax agreement between Cyprus and India were successfully concluded on June 29 2016, confirming earlier reports in the Indian press.
Worldwide Wealth Management

The Ministry of Finance has formally announced that the negotiations on the double tax agreement between Cyprus and India were successfully concluded on June 29 2016, confirming earlier reports in the Indian press.1

As was widely expected following similar changes to India's double tax agreements with Mauritius and Singapore, the agreement provides for source-based taxation of gains from the alienation of shares. However, investments undertaken before April 1 2017 are grandfathered, with taxation rights over gains on the disposal of such shares at any future date remaining solely with the state of residence of the seller.

When the amended agreement enters into force, the Indian authorities will rescind the classification of Cyprus as a notified jurisdictional area under Section 94A of the Indian Income Tax Act 1961, with retrospective effect from November 1 2013.

Footnote

1  For further information please see 'Cyprus India double tax agreement concluded in principle'.

Previously published by International Law Office

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