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The Role Of Tax Treaties In Preventing Double Taxation


 


Ashish & Himanshu Saini, Manav Rachna University, Faridabad


ABSTRACT


Tax treaties are essential in reducing the incidence of double taxation, promoting tax fairness, and encouraging global trade and investment. Commonly referred to as Double Taxation Avoidance Agreements (DTAAs), these treaties establish mechanisms to tackle conflicts that arise from simultaneous tax claims by different jurisdictions. By clarifying the rights to tax, introducing credit and exemption approaches, and combating tax evasion, tax treaties enhance economic collaboration between countries.


The evolution of tax treaties has been shaped by multilateral and bilateral agreements, primarily based on models developed by international organisations such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations (UN). These treaties seek to fairly distribute taxing rights between the countries of residence and source, preventing over-taxation while allowing governments to raise sufficient revenue. The success of tax treaties is improved by the implementation of anti-abuse measures, mutual agreement procedures (MAPs), and systems for sharing tax-related information among countries.


This paper explores the legal framework governing tax treaties, their significance in international taxation, and their role in curbing tax avoidance and evasion. It highlights the different methods used to prevent double taxation, including the exemption and credit methods. Additionally, the study examines how tax treaties influence global economic activities by encouraging foreign direct investment and reducing tax-related barriers to international trade.


Keywords: Tax Treaties, Double Taxation, DTAAs, Tax Avoidance, International Taxation, Economic Cooperation, OECD, Tax evasion.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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