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India - Sweden 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 3

General Definitions

(1) For the purposes of this Convention, unless the context otherwise requires :

  • (a) the term 'India' means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea;
  • (b) the term 'Sweden' means the Kingdom of Sweden and, when used in a geographical sense, includes the national territory, the territorial sea of Sweden as well as other maritime areas over which Sweden in accordance with international law exercises sovereign rights or jurisdiction;
  • (c) the terms 'a Contracting State' and 'the other Contracting State' mean India or Sweden, as the context requires;
  • (d) the term 'person' includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting States;
  • (e) the term 'company' means anybody corporate or any entity which is treated as a body corporate for tax purposes;
  • (f) the terms 'enterprise of a Contracting State' and 'enterprise of the other Contracting State' mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
  • (g) the term 'international traffic' means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
  • (h) the term 'national' means:
    • (i) any individual possessing the nationality of a Contracting State;
    • (ii) any legal person, partnership and association deriving its status as such from the laws in force in a Contracting State;
  • (i) the term 'competent authority' means:
    • (i) in India: the Central Government in the Ministry of Finance (Department of Revenue) or their authorised representative;
    • (ii) in Sweden: the Minister of Finance, his authorised representative or the authority which is designated as a competent authority for the purposes of this Convention;
  • (j) the term 'fiscal year' means:
    • (i) in the case of India, 'previous year' as defined under section 3 of the Income-tax Act, 1961;
    • (ii) in the case of Sweden, 'beskattningsar' as defined under section 3 of the Kommunalskattelagen, 1928;
  • (k) the term 'tax' means Indian tax or Swedish tax, as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Convention applies or which represents a penalty imposed relating to those taxes.

(2) As regards, the application of the Convention by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that State concerning the taxes to which the Convention applies.