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India - Poland Tax Treaty (as amended by 2013 protocol) — Orbitax Tax Hub

Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

*ARTICLE 24

Elimination of Double Taxation

(1) In case of India, double taxation shall be avoided as follows:

  • (a) Where a resident of India derives income which, in accordance with the provisions of this Agreement, may be taxed in Poland, India shall allow as a deduction from the tax on the income of that resident, an amount equal to the tax paid in Poland. Such deduction shall not, however, exceed that portion of the tax as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Poland.
  • (b) Where in accordance with any provision of the Agreement income derived by a resident of India is exempt from tax in India, India may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.

(2) In case of Poland, double taxation shall be avoided as follows:

  • (a) Where a resident of Poland derives income which, in accordance with the provisions of this Agreement may be taxed in India, Poland shall allow as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in India. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such income or capital gains derived from India.
  • (b) Where in accordance with any provision of this Agreement, income derived by a resident of Poland is exempt from tax in Poland, Poland may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income.