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Q.

Can NRI Claim DTAA in India?

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1 2023-04-03T11:46:10+00:00

DTAA or Double Tax Avoidance Agreement is an agreement signed between two countries. The main aim of this agreement is to enable the NRIs to get relief from having to pay taxes multiple times. This does not indicate that the NRI can avoid taxes; rather, it means that the NRI can avoid paying higher taxes in both countries. So if you have the query- can NRI claim DTAA in India. Read this answer to clarify your doubts.

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How to claim DTAA capital gains NRI India?

An NRI can claim DTAA benefits in India in two ways- 

Tax Credit: Using this benefit, an NRI can claim tax relief in the country where he or she is living. The individual must consider all of his income (both foreign and domestic) and then calculate the taxes that must be paid. Next, they will calculate taxes as per the home country. Using this benefit, an NRI can claim benefits in either of the two countries. In this case, the person does not have to consider their home country at all and must pay taxes based on their foreign income. 

The DTAA is executed by both countries to mitigate the larger tax and be in friendly terms with one another, or to be precise for economic growth.

The DTAA on long term capital gain in India to NRI are taxed at 20%. 

Section 90, Section 90 A, and Section 91 of the Income Tax Act of 1961 mention this DTAA relief.

I hope you have understood can NRI claim DTAA in India.

  Read More:

What is DTAA in income tax ?

Can NRI claim 80C Deduction?

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