Pixelex Consultants LLP

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Overview

Understanding International Tax Advisory

International taxation deals with the tax implications of income that crosses national borders — whether it is income earned abroad by an Indian resident, income earned in India by a non-resident, or inter-company transactions between related entities in different countries.

India has an extensive network of Double Taxation Avoidance Agreements (DTAAs) with over 90 countries. These treaties determine how income is taxed when it could potentially be taxed in two countries simultaneously — and understanding how to correctly apply DTAA benefits can mean significant legitimate tax savings.

International tax matters arise in many contexts: an Indian startup receiving foreign investment, a software professional working remotely for a foreign employer, an NRI receiving rental income from India, a multinational company operating in India through a subsidiary, or an Indian company paying service fees to a foreign entity.

At Pixelex, we provide precise advisory on these cross-border tax matters — helping you understand your obligations, claim treaty benefits correctly, and structure transactions efficiently within the framework of Indian tax law.

Why It Matters

Why This Matters

  • DTAA Benefits: Correctly claiming treaty benefits can reduce or eliminate tax withholding on income paid to non-residents — but only if the procedural requirements (Tax Residency Certificate, Form 10F, etc.) are met correctly.
  • Residency Determination: Tax residency under Indian law (RNOR, Resident, Non-Resident) determines what income is taxable in India. Mis-determining your status can lead to over-taxation or non-compliance.
  • Withholding Tax (TDS) on Foreign Payments: Indian businesses making payments to foreign parties must deduct TDS at applicable DTAA or domestic rates. Errors attract liability plus interest and penalty.
  • Foreign Asset Disclosure: Indian residents must report foreign assets and income in Schedule FA and Schedule FSI of the ITR. Non-disclosure attracts severe penalties under the Black Money Act, 2015.
  • FEMA Compliance: International financial flows are regulated under FEMA. Capital account transactions require RBI approvals or compliance with master directions.
Audience

Who Needs This Service?

  • Non-Resident Indians (NRIs) with income sources in India (rent, capital gains, interest, salary)
  • Resident Indians with foreign income, foreign investments, or foreign bank accounts
  • Expatriate employees working in India on secondment from foreign companies
  • Indian companies paying fees, royalties, or dividends to foreign entities
  • Startups receiving foreign investment or working with foreign clients
  • Multinational companies with Indian operations requiring cross-border tax structuring
The Pixelex Edge

Why Choose Pixelex

  • Practical DTAA knowledge: We don't just cite treaty articles — we apply them to your specific transaction and income type, and identify where Indian domestic law overrides treaty provisions.
  • NRI specialists: We understand the specific compliance requirements of NRIs — from PAN, RNOR transitions, and NRO/NRE account taxation to repatriation planning.
  • Form 15CA / 15CB: All foreign remittances above specified thresholds require a Chartered Accountant's certificate (Form 15CB) before the bank processes the transfer. We issue this efficiently and accurately.
How We Work

Our Process

  1. 01

    Residency & Status Assessment

    We determine your tax residency status under the Income Tax Act, 1961 (Resident, Non-Resident, or RNOR) and under the applicable DTAA.

  2. 02

    Income Mapping

    We identify all income sources in India and abroad, classify them by type (salary, dividend, capital gains, business income, royalty, etc.) and applicable tax treatment.

  3. 03

    DTAA Analysis & Advisory

    We analyse the applicable DTAA provisions, determine the article under which income falls, identify withholding rates, and advise on documentation needed to claim treaty benefits (Tax Residency Certificate, Form 10F, etc.).

  4. 04

    Compliance Execution

    We handle ITR filing (with Schedule FA, FSI, and TR), TDS computations on foreign payments, Form 15CA/CB certifications, and any required FEMA filings.

  5. 05

    Structuring Advisory (where applicable)

    For ongoing cross-border arrangements, we advise on tax-efficient structuring of payments, holding structures, and business models in compliance with GAAR and BEPS principles.

Questions

Frequently Asked Questions

What is a Double Taxation Avoidance Agreement (DTAA)?

A DTAA is a bilateral treaty between two countries that determines how income earned in one country by a resident of the other is taxed, preventing the same income from being taxed twice. India has DTAAs with over 90 countries, including the USA, UK, UAE, Singapore, Germany, and Australia.

I am an NRI. Is my India-source income taxable in India?

Yes. Non-residents are taxed in India on income that accrues or arises in India, regardless of where it is received. This includes salary for services rendered in India, rental income from Indian property, and capital gains on Indian assets. Interest on NRE accounts and FCNR accounts is generally exempt.

What is Form 15CA and Form 15CB?

Form 15CA is a declaration filed by the remitter before making a foreign remittance, certifying that tax has been deducted or that the remittance is not taxable. Form 15CB is a certificate issued by a Chartered Accountant (required for remittances above specified thresholds) confirming the applicable tax rate and compliance with DTAA. Pixelex issues Form 15CB as a standard service.

My company pays software subscription fees to a US company. Is TDS applicable?

This is one of the most litigated areas in international tax. Whether software payments constitute royalty (taxable at source) depends on the nature of the arrangement and applicable DTAA. We advise on the correct withholding rate and documentation to support the position taken.

What is the Black Money Act and what are its penalties?

The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 imposes a flat 30% tax on undisclosed foreign income/assets plus a penalty of 300% of the tax. Non-filing of foreign asset schedules in the ITR attracts a ₹10 lakh penalty per year. We ensure full and accurate disclosure.