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Posted Sat, 07 Oct 2023 13:35:59 GMT by
I have capital gains from sale of india domiciled mutual fund. I'm UK tax resident. This is in my personal name. I'm looking at Article 14 of UK India DTA titled "2020 UK-India Synthesised text of the Multilateral Instrument and the 1993 Double Taxation Convention — in force". Based on this my understanding is that this capital gains tax will be taxable only in India. And not taxable in UK. Is this understanding correct? If not, can you give an example of which type of earning where this interpretation will apply? Any links to reasoning behind it will be appreciated.-and-the-1993-double-taxation-convention-in-force Entire Article 14 - Capital Gains: Except as provided in Article 8 (Air transport) and 9 (Shipping) of this Convention, each Contracting State may tax capital gains in accordance with the provisions of its domestic law.
Posted Fri, 13 Oct 2023 15:08:49 GMT by HMRC Admin 20 Response
Hi Hidden Penguin,

Under Article 14, the gain would be taxable in the UK unless it meets the provisions of Article 8 and 9. examples of what that entails is provided at these Articles on the treaty and based on the limited information you have supplied, a mutual fund does not fall under either. As such, any gain made would be liable to UK tax.

Thank you.

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