ARTICLE 18 (1) OF INDIA NETHERLANDS TREATY
Subject to the provisions of paragraph 2 of Article 19,
pensions and other similar remuneration
paid to a resident of one of the States
in consideration of past employment
as well as any annuity paid to such a resident ,
shall be taxable only in that State.
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CHARACTERISTICS
TYPE OF PENSION COVERED
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PENSION AND OTHER SIMILAR REMUNERATION – COVERAGE ?
CONSIDERATION FOR PAST EMPLOYEMENT
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ARTICLE 18(2) OF NETHERLANDS TREATY
However,
where such remuneration is not of a periodical nature and
it is paid in consideration of past employment in the other State,
it may be taxed in that other State
ARTICLE 18(3) OF NETHERLANDS TREATY
Any pension
paid out under the provisions of a social security system
of one of the States
to a resident of the other State
may be taxed in the first-mentioned State
The term ‘annuity’ means
a stated sum payable periodically
at stated times during life or
during a specified or ascertainable period of time,
under an obligation to make the payments
in return for adequate and full consideration in money or money’s worth
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[2008] 26 Sot 574 (Mumbai)
