FME Regulatory Intelligence, Learning & Practice · IFSCA (Fund Management) Regulations, 2025

Topic F of 6 · 11 terms

India and cross-border

Where are the money, the fund and the investors?

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1 · In one sentence

Benefits under agreements between two countries to avoid taxing the same income twice, such as lower withholding rates.

2 · Think of it like thisThink of an agreement between two cities not to charge the same toll twice. A tax treaty between two countries can reduce or remove double tax on the same income, if the conditions are met.

4 · A real-world example

A fund in a treaty country may pay lower tax on certain Indian income, if it qualifies.

5 · Why it matters

It can change returns significantly. General concept: eligibility depends on residency, substance and the specific treaty — take tax advice.

6 · How is it different from tax residency?

Tax treaty benefitsDecides the benefit
vs
Tax residencyDecides which treaty can apply

Tax residency decides which treaty can apply; the treaty decides the benefit.

7 · Regulatory meaning

A general fund-industry term. It is not separately defined in the SEBI AIF or IFSCA Fund Management Regulations covered on this site.

8 · Explain it to someone else

Remember it this way: Treaty = no double taxing, if you qualify.

What usually decides which tax treaty a fund can use?

Plain-English explanations to aid understanding. Regulatory points cite their source; general finance concepts are explained as commonly used. Not legal or tax advice.

Prashant Kumar

Meet the expert

CS Prashant Kumar

Company Secretary & Compliance Officer
Global Horizons Capital Advisors (IFSC) Private Limited — an IFSCA-licensed investment banker

13+ years of experienceFCS Fellow member, ICSIAuthor Audit Under Fire

Published in The Chartered Accountant (Jun 2025, Jan 2025, Mar 2024) and Chartered Secretary (Aug 2023)

Prashant Kumar is a seasoned Company Secretary and corporate governance strategist with more than 13 years of experience advising large corporates, promoter-led groups and global businesses on compliance, regulatory risk and board governance. In GIFT IFSC, the IFSCA regime is his day job rather than a research topic.