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India Publishes Synthesized Text of Tax Treaty with Spain as Impacted by BEPS MLI — Orbitax Tax News & Alerts

India's Income Tax Department has published the synthesized text of the 1993 income and capital tax treaty with Spain as impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The synthesized text was prepared on the basis of the reservations and notifications submitted to the Depositary by the respective countries. The authentic legal texts of the treaty and the MLI take precedence and remain the legal texts applicable.

The MLI applies for the 1993 India-Spain tax treaty:

  • In India:
    • with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after the first day of the taxable period beginning on or after 1 July 2022; and
    • with respect to all other taxes levied by India, for taxes levied with respect to taxable periods beginning on or after the expiration of a period of six calendar months from 1 July 2022 (i.e., 1 January 2023);
  • In Spain:
    • with respect to taxes withheld at source on amounts paid or credited to non-residents, where the event giving rise to such taxes occurs on or after 1 January 2023; and
    • with respect to all other taxes levied by Spain, for taxes levied with respect to taxable periods beginning on or after 1 January 2023.

Click the following links for the synthesized text of the 1993 India-Spain tax treaty as impacted by the MLI.