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  3. DTAA
Glossary

What is DTAA?

A DTAA (Double Taxation Avoidance Agreement) is a tax treaty between two countries that decides which country may tax a given income and limits double taxation of the same income.

A Double Taxation Avoidance Agreement, or DTAA, is a treaty between India and another country that sets the rules for taxing income that crosses the border. Without a treaty, both countries could tax the same income: the country where the client sits, because the payment comes from there, and India, because you are resident here. A DTAA allocates taxing rights, caps the rate at which the source country can withhold tax on certain payments, and provides relief for tax already paid abroad.

India has treaties with a large number of countries, and each one is worded differently. The treatment of business profits, technical fees and royalties varies from treaty to treaty.

Why it matters for exporters

When a foreign client pays you, its local law may require it to withhold tax. A DTAA can reduce or remove that withholding, but the client will usually ask for proof that you are an Indian tax resident (a Tax Residency Certificate) and sometimes a form of its own, such as the US W-8BEN-E. If tax is still withheld, you can generally claim credit for it in India, subject to the conditions and forms the income-tax law prescribes.

The EDF does not change your income-tax position. It only records what you invoiced and what you expect to realise. If a client withholds tax and pays you less, the bank will see a smaller credit than the invoice value, so keep the client's tax certificate and ask your AD bank how it wants the shortfall explained when closing the EDPMS entry.

Example

Prism Analytics Pvt Ltd invoices a client in a treaty country USD 10,000 (about ₹8,40,000) for data services. The client's tax team asks for an Indian TRC before releasing payment at the treaty rate rather than its higher domestic rate. Prism applies for the TRC, shares it, and records the tax withheld so its CA can claim credit.

Common confusion

A DTAA does not exempt you from Indian tax; it prevents the same income being taxed twice. Note that the Income-tax Act, 2025 took effect from 1 April 2026 and renumbered many provisions. Read DTAA basics for service exporters, and see Form 67 for claiming credit. This is general information, not tax advice.

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