2. When a party complies with the profits on which a business of that party is subject to tax, and it introduces the profits of a business of that contracting party – and imposes taxes accordingly – and if the conditions imposed between the two parties had been between the two independent enterprises and which would have been carried out between independent companies and which would have been carried out between independent companies. , this other party makes an appropriate adjustment to the amount of tax on these profits. The other provisions of this agreement are duly taken into account when determining this correction and, to that end, the competent authorities of the contracting parties consult, if necessary. (g) « international traffic, » any transport by boat or aircraft operated by a company of a contracting party, unless the vessel or aircraft is operated only between locations in the other contracting party; The contract provides for POPs similar to the LML provision. It states, among other things, that a subject can file an appeal within three years of the first notification of the tax action to a certification body located in his or her country of resident. The Board would cooperate to resolve the matter by mutual agreement, which must be transposed into national legislation, regardless of any limitation over time. (d) if he has the right to stay in the Hong Kong Special Administrative Region and is also a national of India, or if he is not entitled to stay in the Hong Kong Special Administrative Region or is not a national of India, the competent authorities of the parties are trying to clarify the matter by mutual agreement. In the absence of such an agreement, it is not entitled to the exemption or exemption from the exemption provided by the convention, unless the competent authorities of the contracting parties exempt any possible exemption. (c) any other establishment that may be the subject of an agreement from time to time between the competent authorities of the contracting parties. On March 19, 2018, Hong Kong signed a comprehensive double taxation agreement (« DTA ») with India-Hongkng (PDF 329 KB) agreement. The DBA will enter into force once both jurisdictions have completed their formal ratification procedures.
and in both cases, conditions different from those that would be achieved between independent companies are imposed or imposed between the two companies in their commercial or financial relations, so that any profits that would be paid to one of the companies, but which have not accumulated as a result of these conditions, can be included in the profits of that business and be taxed accordingly.