(i) “person”: a person, a corporation, a trust, a partnership and any other entity of persons treated as a taxable entity under the tax legislation in force in the contracting parties; 1. The competent authorities of the contracting parties exchange information that is foreseeable for the implementation of the provisions of this agreement or for the management or application of the internal legislation of the contracting parties relating to all taxes and descriptions that are covered by the agreement on behalf of the parties or their political sub-divisions or communities under the agreement. to the extent that the imposition of this agreement is not contrary to the agreement. Article 1 does not limit the exchange of information. 2. The competent authority endeavours to resolve the matter by mutual agreement with the competent authority of the other party, by mutual agreement, where the objection appears to be well founded and is not itself in a position to find a satisfactory solution to resolve the matter by mutual agreement with the competent authority of the other party, in order to avoid tax evasion which is not in accordance with the agreement. Any agreement reached will be implemented in the internal law of the parties, regardless of the time limit. Contractual benefits are not granted when the main purpose or one of the main purposes of individuals is non-taxation or reduced taxation by tax evasion or evasion, including through contractual shopping agreements. This provision is comparable to the TPP rule and the language of the preamble to the BEPS 6 action in the MLI. (4) The agreement also applies to all identical or substantially similar taxes levied after the signing of the agreement in addition to existing taxes or in its place after the signing of the agreement, as well as to all other taxes covered in paragraphs 1 and 2 that a party may collect in the future. The competent authorities of the contracting parties inform each other of any substantial changes to their respective tax laws. Article 7 of the treaty provides for the taxation at source of a company`s profits insofar as it is attributable to an MOU in the country of origin. The provision generally follows Article 7 of the untype treaty, but the rule of attraction is absent from the treaty.
Moreover, unlike the standard UN contract, the contract does not limit the deductibility of expenses to be paid to a plant, in the form of royalties, fees, commissions, etc. The contract also includes exclusion for buying activity. This provision is not included in UN treaties or OECD standard contracts. 4. Businesses of a party whose capital is directly or indirectly owned by one or more residents of the other party, or whose capital is controlled in whole or in part, are not subject, in the first part of the contracting party, to a tax or related requirement that is something other or more burdensome than the taxation and related requirements to which other similar companies of the first contracting party are or may be subject. The Government of the Republic of India and the Government of the Hong Kong Special Administrative Region of the People`s Republic of China, which wish to conclude an agreement to avoid double taxation and prevent income tax evasion, have agreed that the treaty provides for a POP similar to that provided for by the IML. It states, among other things, that a subject can file an appeal within three years of the first notification of the tax action to a certification body located in his or her country of resident.