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When I read the tax treaty between the US and India, it

When I read the...

When I read the tax treaty between the US and India, it feels like Article 12 applies to non-resident workers (ex: an Indian resident does work in the US for several months). How does the treaty apply to an Indian contractor who provides works on software development for a US company with no presence in India?

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8/10/2017
Robin D.
Robin D., Senior Tax Advisor 4
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Under the US/India tax treaty there can be a period that is not taxable.

ARTICLE 15 Independent Personal Services

1. Income derived by a person who is an individual or firm of individuals (other than a company) who is a resident of a Contracting State from, the performance in the other Contracting State of professional services or other independent activities of a similar character shall be taxable only in the first-mentioned State except in the following circumstances when such income may also be taxed in the other Contracting State:

(a) if such person 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 the person's stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 90 days in the relevant taxable year.

Independent services means not an employee. If they are not in the US then they are not taxed by the US if they are in the US then they are afforded a certain period where they can exclude the income from US taxation.

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You asked " How does the treaty apply to an Indian contractor who provides works on software development for a US company with no presence in India?" If they are in the US then #2 applies

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Robin D.
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Customer reply replied 6 months ago
thank you, ***** *****'t sure who was the contracting state and who was the other contracting state.

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You are most welcome.
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