Article 18 – Pension and Other Social Security Payments

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.

Click here to Enroll in Interpretation of Tax Treaty (DTAA) – International Taxation Course

CHARACTERISTICS

 

 

TYPE OF PENSION COVERED

Click here to Enroll in Interpretation of Tax Treaty (DTAA) – International Taxation Course

PENSION AND OTHER SIMILAR REMUNERATION – COVERAGE ?

 

CONSIDERATION FOR PAST EMPLOYEMENT

Click here to Enroll in Interpretation of Tax Treaty (DTAA) – International Taxation Course

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

Click here to Enroll in Interpretation of Tax Treaty (DTAA) – International Taxation Course

[2008] 26 Sot 574 (Mumbai)

Share on whatsapp
Share on facebook
Share on twitter
Share on linkedin
Share on email

Leave a Comment