International Tax - Royalty and Fee for Technical Services
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International Tax - Royalty and Fee for Technical Services

Learn how to interpret Article 12 - Royalty and Fee for Technical Services, Right of Source and Residence State to tax
0.0 (0 ratings)
Instead of using a simple lifetime average, Udemy calculates a course's star rating by considering a number of different factors such as the number of ratings, the age of ratings, and the likelihood of fraudulent ratings.
3 students enrolled
Last updated 9/2016
English
Current price: $10 Original price: $20 Discount: 50% off
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Includes:
  • 3 hours on-demand video
  • Full lifetime access
  • Access on mobile and TV
  • Certificate of Completion
What Will I Learn?
  • Understand which payments amount to Royalty and Fee for Technical Services
  • Identify the Rights of Source State (India) and State of Residence to tax Royalty and Fee for Technical Services
  • Apply steps to be followed to ascertain Tax implications on Royalty and Fee for Technical Services and ascertaining withholding tax rates in Source State (India)
  • Know the conditions applicable to claim Treaty benefits – Test of beneficial ownership and proof of Residence
  • Understand when Royalty and Fee for Technical Services Arise in India under local laws/ Applicable Treaty
  • Comparison of Royalty under the Indian Income Tax Act, OECD & UN Model
  • Classify various payments into Royalty/ Fee for technical Services, including – a. Payment for Imparting of information b. Transfer of all or any rights c. Copyright of literary, artistic or scientific work d. Dry and Wet Lease amount to use of Equipment
  • Ascertain the Tax deductibility in hands of Payer of Royalty in Source State
  • Understand the meaning/exclusions of Fee for technical (Included) Services under India USA Treaty
  • When would Fee for technical Services be considered as “Make available”
  • Taxation of Royalty and for technical Services effectively connected to a PE
  • How would the tax apply to excess payments of Royalty and Fee for technical Services to related Enterprise
  • Impact of Most Favored Nation Clause (MFN Clause) on taxation of Royalty and Fee for technical Services
View Curriculum
Requirements
  • Basic knowledge of local tax laws and applicability of International tax Treaties.
Description

The Course covers the taxes, that are applicable when a Non resident, who is a tax resident of any country, earns Royalty or Fee for technical Services (FTS) from another country. The course not only educates you on how to interpret this Article relating to the Double taxation avoidance agreement, it also covers what is Royalty/ Fee for technical services, what are the rights of the Source State (India in present course) to tax Royalty or FTS, rate of withholding taxes to be applied in Source State , what would be the implications if excess royalty/ FTS is paid to a related party and several other topics. The Course should take a total of 2 hours to complete. This course outlines the process of understanding taxation of Royalty/ FTS on a step by step basis, and is a enabling tool to learn the subject. 

Who is the target audience?
  • This Course on International Tax is meant for individuals who want to make a career in International Tax. This provides the Rules of taxation of Royalty and Fee For Technical services with reference to the Indian Domestic Tax laws and the tax Treaty between India and USA, with suitable explanation for difference in other Treaties. While the Rules for Interpretation shall equally apply to other similar Treaties that are globally entered by various countries, this course would not contain reference to the local laws of country other than India and hence this aspect should be considered by students opting for this course.
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Curriculum For This Course
29 Lectures
02:51:54
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Taxation of Royalty and Fee For Technical Services under International Tax Laws
29 Lectures 02:51:54
Learn about what is meant by Royalty and Fee for Technical Services in general Parlance
Preview 02:00

Learn about what topics are covered in this Course of  Royalty and Fee for Technical Services
Preview 01:16

Key Learning objectives of the Presentation
Preview 07:26

Royalty & FTS – Scenario of Taxability in India and Rights of India and Other Co
07:11

Beneficial Provision of the Treaty or Act - Which one are applicable ?
03:38

Royalty & FTS – Taxability in India and Rights of India and Other Country
03:38

Proof of Tax Residence of Non resident – Section 90(4) & 90(5)
08:32

Learn about the  steps to be followed and approach,  to ascertain Tax implications on Royalty & FTS under the Act and Treaty
Approach to ascertain Tax implications on Royalty & FTS
00:57

Approach to ascertain Tax implications on Royalty & FTS and ascertaining TDS
09:34

Learn about Section 9(1) - Charging provisions for taxation of Royalty in India
Section 9(1) - Charging provisions for taxation of Royalty
14:14

Learn about when "Imparting of any information" is  classified as Royalty
Imparting of any information Classified as Royalty
05:43

Learn about  when Royalty and FTS  Arise in India
Royalty and FTS - When do they Arise in India
08:06

Learn about when payment for  Transfer of all or any rights shall amount to royalty
Royalty for Transfer of all or any rights
08:03

Royalty under Income Tax Act – Types of payments covered
11:26

Learn about Scope of Total Income and Royalty & FTS
Scope of Total Income and Royalty & FTS
03:03

Tax deductibility of Royalty in hands of Payer
03:01

Article 12 (1) – India USA Treaty – Right of state of residence to tax royalty
07:01

Article 12(3) - Definition of Royalties
09:46

Learn about Whether both Dry and Wet Lease amount to use of Equipment, and hence amount to royalties
Whether both Dry and Wet Lease amount to use of Equipment
01:47

Lease and Sale of Ship - Which one is Royalty ?
01:48

Learn about whether payment for use Copyright of literary, artistic or scientific work amounts to Royalty
Whether payment for use Copyright of literary, artistic or scientific work amoun
02:49

Royalty definition - Comparison of Act, OECD & UN Model
04:01

Learn about Article 12 (4) of the India USA Treaty regarding definition of Fee for included services
Article 12 (4) – India USA Treaty – fee for included services
07:23

Learn about  Concept of "Make available" and Services that may involve the development and transfer of technical plans and designs
Concept of "Make available" and development and transfer of technical plans and
03:46

Learn about Article 12 (5) of the India USA Treaty dealing with exclusion from Fee for Included Services 
Article 12 (5) – India USA Treaty – FIS exclusion
04:58

Learn about Article 12(6) - Royalty and FIS effectively connected to a PE
Article 12(6) - Royalty and FIS effectively connected to a PE
13:37

Learn about ARTICLE 12(6) - Where do royalty or FTS arise
ARTICLE 12(6) - Where do royalty or FTS arise
08:08

Learn about tax treatment of  Excess Payments to related Enterprise
Article 12(8) - Excess Payments to related Enterprise
05:09

Learn about Most Favored Nation Clause (MFN Clause)
Most Favored Nation Clause (MFN Clause)
03:53
About the Instructor
Mr. Arinjay Kumar Jain
4.7 Average rating
7 Reviews
40 Students
3 Courses
International Tax Expert and Former Director at KPMG India

I am an expert in International Taxation and M&A tax structuring wherein I have worked with KPMG as a Director in Indian practice helping large number of MNC, as well as domestic companies in the are of Inbound Investments, Outbound acquisition, cross border tax structuring, amalgamation, demerger, business sale amongst others. I have been a visiting faculty and have taught over 1500 professional students,  until date taught over 20000 students through online effort to promote philanthropy in basic education.