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Agreement for Avoidance of double taxation and prevention of fiscal evasion with foreign countries - Republic of Croatia
March, 24th 2015

[TO BE PUBLISHIED IN THE GAZETTE OF INDIA, EXTRAORDINARY,

PART II, SECTION 3, SUB-SECTION (ii)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

NOTIFICATION NO. 24/2015

New Delhi, the 17th March, 2015

S.O.  (E). - Whereas, an Agreement and Protocol (hereinafter referred to as the said Agreement and the Protocol) as set out in the Annexure to this notification, was entered into between the Government of the Republic of India and the Government of the Republic of Croatia for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income that was signed on the 12th February, 2014;

2.  And whereas, the date of entry into force of the said Agreement and Protocol is the 6th February, 2015, being the date thirty days after the date of the latter of the notifications of completion of the procedures as required by the respective laws for entry into force of the said Agreement and Protocol, in accordance with paragraph 1 of article 29 of the said Agreement;

3. And whereas, clause (b) of paragraph 3 of article 29 of the said Agreement provides that the provisions of the said Agreement shall have effect in India in respect of income arising in any fiscal year beginning on or after the first day of April next following the calendar year in which the Agreement enters into force.

4. Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby directs that all the provisions of the  said Agreement and Protocol between the Government of the Republic of India and the Government of the Republic of Croatia for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income, as set out in the Annexure hereto, shall be given effect to in the Union of India with effect from the first  day of April, 2016, being the first day of the fiscal year next following the calendar year in which the said Agreement entered into force.

[F. No. 501/09/1995-FTD-I]

(Akhilesh Ranjan)

Joint Secretary


ANNEXURE

AGREEMENT

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDIA

AND

THE GOVERNMENT OF THE REPUBLIC OF CROATIA

FOR THE AVOIDANCE OF DOUBLE TAXATION AND FOR THE PREVENTION

OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

The Government of the Republic of India and the Government of the Republic of Croatia,

Desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and with a view to promoting economic cooperation between the two countries,

Have agreed as follows:

Article I

PERSONAL SCOPE

This Agreement shall apply to persons who are residents of one or both of the Contracting States.

Article 2

TAXES COVERED

1.  This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities, irrespective of the manner in which they are levied.

2.  There shall be regarded as taxes on income all taxes imposed on total income, or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on the total amounts of wages or salaries paid by enterprises.

3.  The existing taxes to which the Agreement shall apply are in particular:

(a) In India:

the income tax, including any surcharge thereon; (hereinafter referred to as "Indian tax").

(b) In Croatia:

(i)  the profit tax; and

(ii) the income-tax,

(hereinafter referred to as the "Croatian tax");

4.  The Agreement shall apply also to any identical or substantially similar taxes which are   imposed after the date of signature of the Agreement in addition to, or in place of, the  existing taxes referred to in paragraph 3. The competent authorities of the Contracting  States shall notify each other of significant changes which have been made in their respective taxation laws.

Article 3

GENERAL DEFINITIONS

1.  For the purposes of this Agreement, unless the context otherwise requires:

(a) the term "Republic of Croatia" means the territory of the Republic of Croatia as well  as those maritime areas adjacent to the outer limit of territorial sea, including   seabed and sub-soil thereof, over which the Republic of Croatia in accordance with   international law (and the laws of the Republic of Croatia) exercises its sovereign   rights and jurisdiction;

(b) 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;  

(c) 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;

(d) the term "company" means any body corporate or any entity which is treated as a   body corporate for tax purposes;

(e) 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;

(f)  the term "international traffic" means any transport by a ship or aircraft operated by  an enterprise which is a resident of a Contracting State, except when the ship or  aircraft is operated solely between places in the other Contracting State;

(g) the term "competent authority" means:

(i)  in the case of Croatia, the Minister of Finance or his authorized representative;

(ii) in the case of India, the Central Government in the Ministry of Finance

(Department of Revenue) or its authorized representative;

(h) the term "national" means:

(i) any individual possessing the nationality of a Contracting State;

(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;

(i) the term "fiscal year" means:

(i) in the case of Croatia, the calendar year;

(ii) in the case of India, the financial year beginning on the 1st day of April;

(J)  the term "tax" means Croatian tax or Indian 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 Agreement applies or which represents a penalty  or fine imposed relating to those taxes;

(k) the terms "a Contracting State" and "the other Contracting State" mean the Republic   of Croatia or the Republic of India as the context requires.

2. As regards the application of the Agreement 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 Agreement applies.

Article 4

RESIDENT

1.  For the purposes of this Agreement, the term "resident of a Contracting State" means  any person who, under the laws of that State, is liable to tax therein by reason of his  domicile, residence, place of management or any other criterion of a similar nature. This  term does not include any person who is liable to tax in that State in respect only of  income from sources in that State.

2.  Where by reason of the provisions of paragraph 1  an individual is a resident of both Contracting States, then his status shall be determined as follows:

(a) he shall be deemed to be a resident of the State in which he has a permanent home  available to him; if he has a permanent home available to him in both States, he  shall be deemed to be a resident of the State with which his personal and economic  relations are closer (centre of vital interests);

(b) if the State in which he has his centre of vital interests cannot be determined, or if  he has not a permanent home available to him in either State, he shall be deemed  to be a resident of the State in which he has an habitual abode;

(c) if he has an habitual abode in both States or in neither of them, he shall be deemed  to be a resident of the State of which he is a national;

(d) if he is a national of both States or of neither of them, the competent authorities of  the Contracting States shall settle the question by mutual agreement.

3.  Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident of the State in which its place of effective management is situated. If the State in which its place of effective management is situated cannot be determined, then the competent authorities of the Contracting States shall settle the question by mutual agreement.

Article 5

PERMANENT ESTABLISHMENT

1.  For the purposes of this Agreement, the term "permanent establishment" means a fixed  place of business through which the business of an enterprise is wholly or partly carried  on.

2.  The term "permanent establishment" includes especially:

(a) a place of management;

(b) a branch;

(c) an office;

(d) a factory;

(e) a workshop;

(f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources;

(g) a sales outlet;

(h) a warehouse in relation to a person providing storage facilities for others; and

(i)  a farm, plantation or other place where agricultural, forestry, plantation or related activities are carried on.

3.  A building site or construction or assembly project or supervisory activities in connection therewith constitute a permanent establishment only if such site, project or activity last more than 12 months.

4. An enterprise shall be deemed to have a permanent establishment in a Contracting State and to carry on business through that permanent establishment if it provides services or facilities in connection with, or supplies plant and machinery on hire used for or to be used in the prospecting for, or extraction or exploitation of mineral oils in that State.

5. Notwithstanding  the  preceding  provisions  of  this  Article,  the  term  "permanent establishment" shall be deemed not to include:

(a) the use of facilities solely for the purpose of storage, display or delivery of goods or  merchandise belonging to the enterprise;

(b) the maintenance of a stock of goods or merchandise belonging to the enterprise  solely for the purpose of storage, display or delivery;

(c) the maintenance of a stock of goods or merchandise belonging to the enterprise  solely for the purpose of processing by another enterprise;

(d) the maintenance of a fixed place of business solely for the purpose of purchasing  goods or merchandise or of collecting information, for the enterprise;

(e) the maintenance of a fixed place of business solely for the purpose of carrying on, for  the enterprise, any other activity of a preparatory or auxiliary character;

(f) the maintenance of a fixed place of business solely for any combination of activities mentioned in sub-paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.

6.  Notwithstanding the provisions of paragraphs  1  and 2, where a person - other than an agent of an independent status to whom paragraph 8 applies - is acting in a Contracting  State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State in respect of any activities which that person undertakes for the enterprise, if such a person:

(a) has and habitually exercises in that State an authority to conclude contracts in the  name of the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph; or

(b) has no such authority, but habitually maintains in the first-mentioned State a stock of  goods or merchandise from which he regularly delivers goods or merchandise on behalf of the enterprise; or

(c) habitually secures orders in the first-mentioned State, wholly or almost wholly for the  enterprise itself or for the enterprise and other enterprises controlling, controlled by, or  subject to the same control, as that enterprise.

7.  Notwithstanding the preceding provisions of this Article, an insurance enterprise of a  Contracting State shall, except in regard to re-insurance, be deemed to have a permanent  establishment in the other Contracting State if it collects premiums in the territory of that  other State or insures risks situated therein through a person other than an agent of an  independent status to whom paragraph 8 applies.

8.  An enterprise shall not be deemed to have a permanent establishment in a Contracting  State merely because it carries on business in that State through a broker, general  commission agent or any other agent of an independent status, provided that such  persons are acting in the ordinary course of their business. However, when the activities  of such an agent are devoted wholly or almost wholly on behalf of that enterprise, he will  not be considered an agent of an independent status within the meaning of this  paragraph.

9.  The fact that a company which is a resident of a Contracting State controls or is controlled  by a company which is a resident of the other Contracting State, or which carries on  business in that other State (whether through a permanent establishment or otherwise),  shall not of itself constitute either company a permanent establishment of the other.

Article 6

INCOME FROM IMMOVABLE PROPERTY

1.  Income derived by a resident of a Contracting State from immovable property (including  income from agriculture or forestry) situated in the other Contracting State may be taxed  in that other State.

2.  The term "immovable property" shall have the meaning which it has under the law of the  Contracting State in which the property in question is situated. The term shall in any case  include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources;  ships, boats, aircraft and motor cars shall not be regarded as immovable property. -

3.  The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property.

4.  The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.

Article 7

BUSINESS PROFITS

1.  The profits of an enterprise of a Contracting State shall be taxable only in that State  unless the enterprise carries on business in the other Contracting State through a  permanent establishment situated therein. If the enterprise carries on business as  aforesaid, the profits of the enterprise may also be taxed in the other State but only so much of them as is attributable to that permanent establishment.

2.  Subject to the provisions of paragraph  3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment.

3.  In determining the profits of a permanent establishment, there shall be allowed as  deductions expenses which are incurred for the purposes of the permanent establishment,  including executive and general administrative expenses so incurred, whether in the State  in which the permanent establishment is situated or elsewhere, in accordance with the  provisions of and subject to the limitations of the tax laws of that State.

4.  No profits shall be attributed to a permanent establishment by reason of the mere  purchase by that permanent establishment of goods or merchandise for the enterprise.

5.  For the purposes of the preceding paragraphs, the profits to be attributed to the  permanent establishment shall be determined by the same method year by year unless  there is good and sufficient reason to the contrary.

6.  Where profits include items of income which are dealt with separately in other Articles of  this Agreement, then the provisions of those Articles shall not be affected by the  provisions of this Article.

Article 8

INTERNATIONAL TRAFFIC

1.  Income derived by an enterprise of a Contracting State from the operation of ships or  aircraft in international traffic shall be taxable only in that Contracting State.

2.  Income derived by a transportation enterprise which is a resident of a Contracting State  from the use, maintenance, or rental of containers (including trailers and other equipment  for the transport of containers) used for transport of goods or merchandise in international  traffic shall be taxable only in that Contracting State unless the containers are used solely  within the other Contracting State.

3.  If the place of effective management of a shipping enterprise is aboard a ship, then it shall  be deemed to be situated in the Contracting State in which the home harbour of the ship  is situated or if there is no such home harbour, in the Contracting State of which the  operator of the ship is a resident.

4.  For the purposes of this Article interest on funds connected with the operation of ships or aircraft' in international traffic shall be regarded as income derived from the operation of such ships or aircraft and the provisions of Article 11 shall not apply in relation to such interest.

5.  The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a  joint business or an international operation agency.

Article 9

ASSOCIATED ENTERPRISES

1.  Where

(a) an  enterprise of a Contracting State participates directly or indirectly in the  management, control or capital of an enterprise of the other Contracting State, or

(b) the same persons participate directly or indirectly in the management, control or   capital of an enterprise of a Contracting State and an enterprise of the other Contracting State,

and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

2.  Where a Contracting State includes in the profits of an enterprise of that State   and taxes   accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall, if necessary consult each other.

Article 10

DIVIDENDS

1.  Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State.

2.  However, such dividends may also be taxed in the Contracting State of which the  company paying the dividends is a resident and according to the laws of that State, but if the recipient is the beneficial owner of the dividends the tax so charged shall not exceed:

(a) 5 percent of the gross amount of the dividends if the beneficial owner is a company (other than a partnership) which holds directly at least 10 per cent of the capital of the company paying the dividends;

(b) 15 per cent of the gross amount of the dividends in all other cases.

The competent- authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations.

This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

3.  The term "dividends" as used in this Article means income from shares or other rights, not  being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident.

4.  The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. -

5.  Where a company which is a resident of a Contracting State derives profits or income  from the other Contracting State, that other State may not impose any tax on the  dividends paid by the company, except insofar as such dividends are paid to a resident of  that other State or insofar as the holding in respect of which the dividends are paid is  effectively connected with a permanent establishment or a fixed base situated in that other  State, nor subject the company's undistributed   profits to a tax on the company's  undistributed profits, even if the dividends paid or the undistributed profits consist wholly  or partly of profits or income arising in such other State.

Article 11

INTEREST

1.  Interest arising in a Contracting State and paid to a resident of the other Contracting State  may be taxed in that other State.

2.  However, such interest may also. be taxed in the Contracting State in which it arises and according to the laws of that State, but if the recipient is the beneficial owner of the  interest the tax so charged shall not exceed 10 per cent of the gross amount of the interest. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation.

3.  Notwithstanding the provisions of paragraph 2 interest arising in a Contracting State shall  be exempt from tax in that State provided it is derived and beneficially owned by:

(i)  the Government, a political subdivision or a local authority of the other Contracting State; or

(ii)  the Central Bank of the other Contracting State or any other bank or governmental financial institutions/agencies that may be mutually agreed upon between the two Contracting States.

4.  The term "interest" as used in this Article means income from debt-claims of every kind,  whether or not secured by mortgage and whether or not carrying a right to participate in  the debtor's profits, and in particular, income from government securities and income from  bonds or debentures, including premiums and prizes attaching to such securities, bonds  or debentures. Penalty charges for late payment shall not be regarded as interest for the  purpose of this Article.

5.  The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest,  being a resident of a Contracting State, carries on business in the other Contracting State  in which the interest arises, through a permanent establishment situated therein, or  performs in that other State independent personal services from a fixed base situated  therein, and the debt-claim in respect of which the interest is paid is effectively connected  with such permanent establishment or fixed base. In such case the provisions of Article 7  or Article 14, as the case may be, shall apply.

6.  Interest shall be deemed to arise in a Contracting State when the payer is that State itself,  a political subdivision, a local authority or a resident of that State. Where, however, the  person paying the interest, whether he is a resident of a Contracting State or not, has in a   Contracting State a permanent establishment or a fixed base in connection with which the   indebtedness on which the interest is paid was incurred, and such interest is borne by   such permanent establishment or fixed base, then such interest shall be deemed to arise   in the Contracting State in which the permanent establishment or fixed base is situated.

7.  Where, by reason of a special relationship between the payer and the beneficial owner or  between both of them and some other person, the amount of the interest, having regard to  the debt-claim for which it is paid, exceeds the amount which would have been agreed   upon by the payer and the beneficial owner in the absence of such relationship, the   provisions of this Article shall apply only to the last-mentioned amount. In such case, the   excess part of the payments shall remain taxable according to the laws of each   Contracting State, due regard being had to the other provisions of this Agreement.

Article 12

ROYALTIES AND FEES FOR TECHNICAL SERVICES

1.  Royalties or fees for technical services arising in a Contracting State and paid to a  resident of the other Contracting State may be taxed in that other State.

2.  However, such royalties or fees for technical services may also be taxed in the  Contracting State in which they arise, and according to the laws of that State, but if the  recipient is the beneficial owner of the royalties or fees for technical services, the tax so charged shall not exceed  10  per cent of the gross amount of the royalties or fees for technical services.

3.  (a) The term "royalties" as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or  scientific work including cinematograph films, films or tapes or other means of reproduction for radio or television broadcasting, satellite or cable transmission for broadcasting to the general public through any form of electronic media, any patent, trade mark, design or model, plan, secret formula or process, or any industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience (know-how).

(b) The term "fees for technical services" means payment of any kind in consideration for the rendering of any managerial, technical or consultancy services including the provision of services by technical or other personnel but does not include payments for services mentioned in Articles 14 and 15 of this Agreement.

4.  The provisions of paragraphs  1  and  2  shall not apply if the beneficial owner of the royalties or fees for technical services being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties or fees for technical services arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

5.  Royalties or fees for technical services shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties or fees for technical services, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties or fees for technical services was incurred, and such royalties or fees for technical services are borne by such permanent establishment or fixed base, then such royalties or fees for technical services shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.

6.  Where, by-reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties or fees for  technical services, having regard to the use, right or information for which they are paid,  exceeds the amount which would have been agreed upon by the payer and the beneficial  owner in the absence of such relationship, the provisions of this Article shall apply only to  the last-mentioned amount. In such case, the excess part of the payments shall remain  taxable according to the laws of each Contracting State, due regard being had to the other  provisions of this Agreement.

Article 13

CAPITAL GAINS

1.  Gains derived by a resident of a Contracting State from the alienation of immovable  property referred to in Article 6 and situated in the other Contracting State may be taxed in  that other State.

2.  Gains from the alienation of movable property forming part of the business property of a  permanent establishment which an enterprise of a Contracting State has in the other  Contracting State or of movable property pertaining to a fixed base available to a resident  of a Contracting State in the other Contracting State for the purpose of performing   independent personal services, including such gains from the alienation of such a  permanent establishment (alone or with the whole enterprise) or of such fixed base, may   also be taxed in that other State.

3.  Gains  derived by an enterprise of a Contracting State from the alienation of ships or  aircraft operated in international traffic or movable property pertaining to the operation of  such ships or aircraft shall be taxable only in that State.

4.  Gains from the alienation of shares of the capital stock of a company the property of which  consists directly or indirectly principally of immovable property situated in a Contracting  State may be taxed in that State.

5.  Gains from  the alienation of shares, other than those mentioned in paragraph 4, in a  company which is a resident of  a Contracting State may be taxed in that Contracting  State.

6.  Gains from the alienation of any property other than that referred to in paragraphs 1 to 5, shall be taxable only in the Contracting State of which the alienator is a resident.

Article 14

INDEPENDENT PERSONAL SERVICES

1.  Income derived by a resident of a Contracting State in respect of professional services or  other activities of an independent character shall be taxable only in that State except in  the following circumstances, when such income may also be taxed in the other 'Contracting State:

(a) if he has a fixed base regularly available to him in the other Contracting State for the  purpose of performing his activities; in that case, only so much of the income as is  attributable to that fixed base may be taxed in that other State; or

(b) if his stay in the other State is for a period or periods aggregating 183 days or more in  any 12-month period commencing or ending in the fiscal year concerned; in that case,  only so much of the income as is derived from his activities performed in that other  State may be taxed in that other State.

2.  The term "professional services" includes especially independent scientific, literary,  artistic,  educational or teaching activities as well as the independent activities of  physicians, lawyers, engineers, architects, surgeons, dentists and accountants.

Article 15

DEPENDENT PERSONAL SERVICES

1.  Subject to the provisions of Articles  16,  18 and  19, salaries, wages and other similar  remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.

2.  Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a  Contracting State in respect of an employment exercised in the other Contracting State  shall be taxable only in the first-mentioned State if:

(a) the recipient is present in the other State for a period or periods not exceeding in the  aggregate 183 days in any 12-month period commencing or ending in the fiscal year  concerned, and

(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the  other State, and

(c) the remuneration is not borne by a permanent establishment or a fixed base which the  employer has in the other State.

3.  Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic, by  an enterprise of a Contracting State may be taxed in that State.

Article 16

DIRECTORS' FEES

Directors' fees and other similar payments derived by a resident of a Contracting State in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State may also be taxed in that other State.

Article 17

ARTISTES AND SPORTSPERSONS

1.  Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a  Contracting State as an entertainer, such as a theatre, motion picture, radio or television  artiste, or a musician, or as a sportsperson, from his personal activities as such exercised   in the other Contracting State, may be taxed in that other State.

2.  Where income in respect of personal activities exercised by an entertainer or a   sportsperson in his capacity as such accrues not to the entertainer or sportsperson   himself but to another person, that income may, notwithstanding the provisions of Articles   7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised.

3.  The provisions of paragraphs 1 and 2, shall not apply to income from activities performed  in a Contracting State by entertainers or sportspersons if the visit to that State is  substantially supported by public funds of one or both of the Contracting States or of  political subdivisions or local authorities thereof. In such a case, the income is taxable only  in the Contracting State of which the entertainer or sportsperson is a resident.

Article 18

PENSIONS

Subject to the provisions of paragraph 2 of Article 19, pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment shall be taxable only in that State.

Article 19

GOVERNMENT SERVICE

1.  (a) Remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.

(b) However, such remuneration shall be taxable only in the other Contracting State if the  services are rendered in that State and the individual is a resident of that State who.,

(i) is a national of that State; or

(ii) did not become a resident of that State solely for the purpose of rendering the services.

2.  (a) Any pension paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State.

(b) However, such pension shall be taxable only in the other Contracting State if the  individual is a resident of, and a national of, that State.

3.  The provisions of Articles 15, 16 and 18 shall apply to remuneration and pensions in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof.

Article 20

STUDENTS AND APPRENTICES

1.  A student or business apprentice who is or was a resident of a Contracting State immediately before visiting the other Contracting State and who is present in that other Contracting State solely for the purpose of his education or training shall be exempt from tax in that other State on:

(a) payments made to him by persons residing outside that other State for the purposes  of his maintenance, education or training; and

(b) remuneration from employment in that other State, in an amount not exceeding US$ 1000 or its equivalent amount during any fiscal year,

as the case may be, provided that such employment is directly related to his studies or is undertaken for the purpose of his maintenance.

2.  The benefit of this Article shall extend only for such period of time as may be reasonable  or customarily required to complete the education or training undertaken, but in no event  shall any individual have the benefits of this Article for more than five consecutive years  from the date of his first arrival in that other Contracting State.

Article 21

PROFESSORS, TEACHERS AND RESEARCH SCHOLARS

1.  A professor or teacher who is or was a resident of the Contracting State immediately  before visiting the other Contracting State for the purpose of teaching or engaging in  research, or both, at a university, college, school or other approved institution in that other  Contracting State shall be exempt from tax in that other State on any remuneration for  such teaching or research for a period not exceeding two years from the date of his arrival  in that other State.

2.  This Article shall not apply to income from research, if such research is undertaken  primarily for the private benefit of a specific person or persons.

3.  For the purposes of this Article and Article 20, an individual shall be deemed to be a  resident of a Contracting State if he is resident in that State in the fiscal year in which he  visits the other Contracting State or in the immediately preceding fiscal year.

4.  For the  purposes of paragraph 1  "approved institution" means an institution which has been approved in this regard by the competent authority of the concerned State.

Article 22

OTHER INCOME

1.  Items of income of a resident of a Contracting State, wherever arising, not dealt with in the  foregoing Articles of this Agreement shall be taxable only in that State.

2.  The provisions of paragraph  1  shall not apply to income, other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent  establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply.

3.  Notwithstanding the provisions of paragraph 1, if a resident of a Contracting State derives   income from sources within the other Contracting State in the form of lotteries, crossword  puzzles, races including horse races, card games and other games of any sort or  gambling or betting of any form or nature whatsoever, such income may be taxed in the  other Contracting State.

Article 23

ELIMINATION OF DOUBLE TAXATION

1.  The laws in force in either of the Contracting State will continue to govern the taxation of  income in the respective Contracting States except where provisions to the contrary are  made in this Agreement.

2.  In the case of Croatia double taxation shall be eliminated as follows:

Where a resident of Republic of Croatia derives income which, in accordance with the provisions of this Agreement, may be taxed in India, Republic of Croatia 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 income tax as computed before the deduction is given, which is attributable to the income which may be taxed in India.

3.  In the case of India double taxation shall be eliminated as follows:

Where a resident of India derives income which, in accordance with the provisions of this Agreement, may be taxed in the Republic of Croatia, India shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in Croatia whether directly or by deduction at source. Such amount shall not however exceed that part of the income tax, as computed before the deduction is given, which is attributable to the income which may be taxed in Croatia.

4.  Income which in accordance with the provisions of this Agreement, is not to be subjected  to tax in a Contracting State, may be taken into account for calculating the rate of tax to be  imposed in that Contracting State.

Article 24

NON-DISCRIMINATION

1.  Nationals of a Contracting State shall not be subjected in the other Contracting State to  any taxation or any requirement connected therewith, which is other or more burdensome  than the taxation and connected requirements to which nationals of that other State in the  same circumstances, in particular with respect to residence, are or may be subjected. This  provision shall, notwithstanding the provisions of Article 1, also apply to persons who are  not residents of one or both of the Contracting States.

2.  The taxation on a permanent establishment which an enterprise of a Contracting State  has in the other Contracting State shall not be less favourably levied in that other State  than the taxation levied on enterprises of that other State carrying on the same activities.  This provision shall not be construed as preventing a Contracting State from charging the  profits of a permanent establishment which a company of the other Contracting State has  in the first-mentioned State at a rate of tax which is higher than that imposed on the profits of a similar company of the first-mentioned Contracting State, nor as being in conflict with the provisions of paragraph 3 of Article 7 of this Agreement.

This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.

3.  Enterprises of a Contracting State, the capital of which is wholly or partly owned or  controlled, directly or indirectly, by one or more residents of the other Contracting State,  shall not be subjected in the first-mentioned State to any taxation or any requirement  connected therewith which is other or more burdensome than the taxation and connected  requirements to which other similar enterprises of the first-mentioned State are or may be  subjected.

4.  Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of Article 12, apply, interest, royalties and other disbursement paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the .purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State.

5.  The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to  taxes of every kind and description.

Article 25

MUTUAL AGREEMENT PROCEDURE

1.  Where a person considers that the actions of one or both of the Contracting States result  or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present  his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of the Contracting State of which he is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement.

2.  The competent authority shall endeavour, if the objection appears to it to be justified and if  ,it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual  agreement with the competent authority of the other Contracting State, with a view to the  avoidance of taxation which is not in accordance with the Agreement. Any agreement  reached shall be implemented notwithstanding any time limits in the domestic law of the  Contracting States.

3.  The competent authorities of the Contracting States shall endeavour to resolve by mutual  agreement any difficulties or doubts arising as to the interpretation or application of the  Agreement. They may also consult together for the elimination of double taxation in cases  not provided for in the Agreement.

4.  The competent authorities of the Contracting States may communicate with each other  directly for the purpose of reaching an agreement in the sense of the preceding  paragraphs. When it seems advisable in order to reach agreement to have an oral  exchange of opinions, such exchange may take place through a Commission consisting of  representatives of the competent authorities of the Contracting States.

Article 26

EXCHANGE OF INFORMATION

1.  The competent authorities of the Contracting States shall exchange such information   (including documents), as is necessary for carrying out the provisions of this Agreement or   of the domestic laws of the Contracting States concerning taxes covered by the  Agreement insofar as the taxation thereunder is not contrary to the Agreement in  particular-for the prevention of fraud or evasion of such taxes. The exchange of  information is not restricted by Article 1. Any information received by a Contracting State  shall be treated as secret in the same manner as information obtained under the domestic  laws of that State and shall be disclosed only to persons or authorities (including courts  and administrative bodies) involved in the assessment or collection of, the enforcement or  prosecution in respect of, or the determination of appeals in relation to, the taxes covered  by the Agreement. Such persons or authorities shall use the information only for such  purposes. They may disclose the information in public court proceedings or in judicial  decisions. Notwithstanding the foregoing, information received by a Contracting State may  be used for other purposes when such information may be used for such other purposes  under the laws of both Contracting States and the competent authority of the supplying  State authorises such use.

2.  In no case shall the provisions of paragraph  1 be construed so as to impose on a Contracting State the obligation:

(a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;

(b) to supply information or documents which is not obtainable under the laws or in the  normal course of the administration of that or of the other Contracting State;

(c) to supply information which would disclose any trade, business, industrial, commercial  or professional secret or trade process, or information, the disclosure of which would be contrary to public policy.

3.  If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax  purposes. The obligation contained in the preceding sentence is subject to the limitations  of paragraph 2 but in no case shall such limitations be construed to permit a Contracting  State to decline to supply information solely because it has no domestic interest in such  information.

4.  In no case shall the provisions of paragraph 2 be construed to permit a Contracting State  to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.

Article 27

ASSISTANCE IN THE COLLECTION OF TAXES

The Contracting States shall lend assistance to each other in the collection of revenue claims. This assistance is not restricted by Articles 1 and 2. The competent authorities of the Contracting States may by mutual agreement settle the mode of application of this Article.

2.  The term "revenue claim" as used in this Article means an amount owed in respect of  taxes of every kind and description imposed on behalf of the Contracting States, or of their  political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to this Agreement or any other instrument to which the Contracting States are parties, as well as interest, administrative penalties and costs of collection or conservancy related to such amount.

3.  When a revenue claim of a Contracting State is enforceable under the laws of that State  and is owed by a person who, at that time, cannot, under the laws of that State, prevent its collection, that revenue claim shall, at the request of the competent authority of that State,  be accepted for purposes of collection by the competent authority of the other Contracting   State. That revenue claim shall be collected by that other State in accordance with the   provisions of its laws applicable to the enforcement and collection of its own taxes as if the ,revenue claim were a revenue claim of that other State.

4.  When a revenue claim of a Contracting State is a claim in respect of which that State may,  under its law, take measures of conservancy with a view to ensure its collection, that revenue claim shall, at the request of the competent authority of that State, be accepted for purposes of taking measures of conservancy by the competent authority of the other Contracting State. That other State shall take measures of conservancy in respect of that revenue claim in accordance with the provisions of its laws as if the revenue claim were a revenue claim of that other State even if, at the time when such measures are applied, the revenue claim is not enforceable in the first-mentioned State or is owed by a person who has a right to prevent its collection.

5.  Notwithstanding the provisions of paragraphs 3 and 4, a revenue claim accepted by a Contracting State for purposes of paragraphs 3 or 4 shall not, in that State, be subject to the time limits or accorded any priority applicable to a revenue claim under the laws of that State by reason of its nature as such.  In addition, a revenue claim accepted by a Contracting State for the purposes of paragraphs 3 or 4 shall not, in that State, have any priority applicable to that revenue claim under the laws of the other Contracting State.

6. -Proceedings with respect to the existence, validity or the amount of a revenue claim of a Contracting State shall only be brought before the courts or administrative bodies of that State.  Nothing in this Article shall be construed as creating or providing any right to such proceedings before any court or administrative body of the other Contracting State.

7.  Where, at any time after a request has been made by a Contracting State under  paragraphs 3 or 4 and before the other Contracting State has collected and remitted therelevant revenue claim to the first-mentioned State, the relevant revenue claim ceases to be:

(a) in the case of a request under paragraph 3, a revenue claim of the first-mentioned  State that is enforceable under the laws of that State and is owed by a person who, at that time, cannot, under the laws of that State, prevent its collection, or

 (b) in the case of a request under paragraph 4, a revenue claim of the first-mentioned   State in respect of which that State may, under its laws,  take measures of   conservancy with a view to ensure its collection.

The competent authority of the first-mentioned State shall promptly notify the competent authority of the other State of that fact and, at the option of the other State, the firstmentioned State shall either suspend or withdraw its request.

8.  In no case shall the provisions of this Article be construed so as. to impose on a  Contracting State the obligation:

(a) to carry out administrative measures at variance with the laws and administrative  practice of that or of the other Contracting State;

(b) to carry out measures which would be contrary to public policy (ordre public);

(c) to provide assistance if the other Contracting State has not pursued all reasonable  measures of collection or conservancy, as the case may be, available under its laws  or administrative practice;

(d) to provide assistance in those cases where the administrative burden for that State is  clearly disproportionate to the benefit to be derived by the other Contracting State.

Article 28

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.

Article 29

ENTRY INTO FORCE

1.  The Contracting States shall notify each other in writing, through diplomatic channels, of  the completion of the procedure required by the respective laws for the entry into force of  this Agreement.

2.  This Agreement shall enter into force thirty days after the date of receipt of the later of the  notifications referred to in paragraph 1 of this Article.

3.  The provisions of this Agreement shall have effect:

(a) in Croatia: in respect of income or profits arising in any fiscal year beginning on or  after the first day of January next following the calendar year in which the Agreement  enters into force; and

(b) in India: in respect of income arising in any fiscal year beginning on or after the first  day of April next following the calendar year in which the Agreement enters into force.

Article 30

TERMINATION

This Agreement shall remain in force indefinitely until terminated by a Contracting State. Either Contracting State may terminate the Agreement, through diplomatic channels, by giving notice of termination in writing at least six months before the end of any calendar year beginning after the expiration of five years from the date of entry into force of the Agreement. In such event, the Agreement shall cease to have effect:

(a) in Croatia: in respect of income or profits arising in any fiscal year beginning on or after   the first day of January next following the calendar year in which the notice of termination   is given;

(b) in India: in respect of income arising in any previous year beginning on or after the 1st   April next following the calendar year in which the notice of termination is given.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.

DONE in two originals at Zagreb this 12th day of February, 2014 in the Hindi, English and Croatian languages, all three texts being equally authentic. In case of divergence between the texts the English text shall prevail.

FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA

FOR THE GOVERNMENT OF THE REPUBLIC OF CROATIA

 

 

(Smt. Preneet Kaur)

(Mr. Slavko Linic)

Minister of State for External Affairs

Minister of Finance

PROTOCOL

At the signing of the Agreement between the Government of the Republic of Croatia and the Government of the Republic of India for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed that the following shall form an integral part of the Agreement.

Ad Articles 10, 11, 12 and 13

(a) Notwithstanding the provisions of this Agreement, a company resident in a Contracting   State in which persons who are not residents of that State hold, directly or indirectly, a   participation of more than 50 per cent of the share capital, shall not be entitled to the  relieves provided for by the Agreement in respect of dividends, interest, royalties and capital gains arising in the other Contracting State. This provision shall not apply where the said Company is engaged in substantive business operations, other than the mere holding of shares or property, in the Contracting State of which it is a resident.

(b) A company which under the preceding subparagraph would not be entitled to the benefits   of the Agreement in respect of the aforementioned items of income, could still be granted   such benefits if the competent authorities of the Contracting States agree under Article 25  of the Agreement that the establishment of the company and the conduct of its operations   are founded on sound business reasons and thus do not have as its primary purpose the obtaining of such benefits.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Protocol.

DONE in two originals at Zegreb this 12th day of February 2014 in the Croatian, Hindi and English languages, all three texts being equally authentic. n case of divergence between the texts the English text shall prevail.

FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA

FOR THE GOVERNMENT OF THE REPUBLIC OF CROATIA

 

 

(Smt. Preneet Kaur)

(Mr. Slavko Linic)

Minister of State for External Affairs

Minister of Finance

 
 
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