Reasonably priced Retiring in India — pensions & withholding

NRIs in Canada and the US with Indian property, deposits and inherited assets, and returning Indians inside the transitional residency window. Reasonably priced Retiring in India with a fixed fee agreed in writing before any work starts. Call the 24-hour helpline on +1 (416) 619-0068, or request a written quote today.

  • 15+Years of cross-border experience
  • 18,000+Clients served
  • 5.0Google rating
  • 4Global offices — India, USA, Canada & UAE

Secure a fixed quote

Begin with the papers you already have. The engagement is priced from them, in writing, before the work.

24-hour helpline: +1 (416) 619-0068
  • 18,000+ clients served
  • Offices in India, the USA, Canada and the UAE
  • Google rating 5.0 out of 5
India in 60 words

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return. Expats moving through India usually arrive with two live filing obligations rather than one, and the first job is working out which of them residence actually keeps open.

Who we act for here

NRIs in Canada and the US with Indian property, deposits and inherited assets, and returning Indians inside the transitional residency window.

Regional filing pattern

Year ends differ, and so does what residence means. In more than one system in the region the scope of taxable income depends on how long the person has been there.

The question that decides it

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return.

Retiring in India — pensions & withholding

This page takes the India corridor and narrows it to one situation. The general position is on the India country guide; what follows is what changes for this specific case.

The planning here is mostly about which country taxes each stream and in what order. Get that wrong and relief is claimed in the country that taxed second when it should have been claimed in the country that taxed first.

Two of the firm’s advisers at the glass desk in the Delhi office

Transparent, fixed pricing for retiring in India

What decides the fee for retiring in India is the number of pension and annuity streams you are drawing and how many of them need a treaty position taken before the withholding stops: a single government pension is short work, while private pots, an employer scheme and a social security payment together are not. Quoted in writing before anything is prepared.

Non-resident & departure filings

From $349

fixed, quoted before work starts

Arrival and departure years priced as one engagement, with the part-year residence position and the assets deemed disposed of on exit.
See the fee schedule

Individual tax filing

From $349

fixed, quoted before work starts

Individual returns where salary, investments or property sit outside the country of residence, prepared so relief is claimed once and in the right place.
See the fee schedule

Payroll & mobility setup

From $999

fixed, quoted before work starts

Registrations, withholding and the employer obligations that follow staff working across a border, set up once and correctly.
See the fee schedule

Estate & trust filing

From $799

fixed, quoted before work starts

For an estate holding property in more than one country, or a trust with beneficiaries who are taxed somewhere else.
See the fee schedule

Corporate cross-border filing

From $999

fixed, quoted before work starts

Corporate returns with foreign income, related-party reporting and cross-border structures, for companies of any size.
See the fee schedule

Foreign asset & information reporting

From $349

fixed, quoted before work starts

The information returns that carry the heaviest penalties — foreign accounts, foreign property, foreign affiliates — prepared from one asset list.
See the fee schedule

Catch-up & voluntary disclosure

From $349

fixed, quoted before work starts

Late and unfiled years, sequenced and filed together, with the relief available for the delay identified before the first return goes in.
See the fee schedule

Transfer pricing documentation

From $2,500

fixed, quoted before work starts

The transfer pricing file a group needs when goods, services or finance move between its own companies across a border.
See the fee schedule

All published fees on one page — every engagement, one list, no ranges hiding surprises.

Do you still file at home?

The question is really "did the home country let go", and only one of the three ever does automatically. Canada does, once the ties end. India does, subject to the day counts. The United States does not, while the citizenship or the green card is held.

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return.

Residency and the tie-breaker

A dual claim on the same period is settled by whichever treaty test resolves first. In practice that is normally the permanent home or the centre of vital interests, which is why leases, school records and family location matter more than any later explanation.

Treaty status is verified, not presumed. Whether an agreement with India is in force for your year, and what the relevant article says after any protocol or multilateral modification, is confirmed at source before the position goes on a return.

Income by type: who taxes what

How each income type is treated in this corridor
Income typeGeneral treatment
Capital gain on property thereGenerally taxable where the property is situated, with the home country taxing the same gain and giving credit.
Interest on local depositsGenerally taxed where it arises by withholding, with the home country taxing the same interest and allowing credit for what was withheld.
Gains on shares deriving value from local propertyCommonly treated like the underlying property rather than like ordinary shares, which reverses the usual answer on share gains.
Scholarships, grants and trainee paymentsOften exempted for a limited period from arrival under the students-and-trainees article, claimed by filing rather than automatically.
Gain on selling your former home at homeThe relief that exempted it while you lived there is usually time-limited once you leave, and the clock is not always the one people expect.
Royalties on work created before you movedSourced by where the right is exploited rather than where it was created, so the income can be taxable in a country you have never worked in.
Insurance and annuity payoutsOften outside both the pension article and the other-income article, which is precisely why the treatment has to be checked rather than assumed.

The local nuance

India's year runs April to March and it collects tax at source on most non-resident receipts before any exemption is considered, so the Indian filing is usually a reconciliation and refund exercise mapped onto a calendar-year foreign return. This is the item we check first on an India file, because getting it wrong invalidates the arithmetic that follows.

If your position runs mostly in one direction, the Canada ↔ India cross-border tax page carries both filing calendars side by side, the treaty article by article, and the withholding table.

We also publish regional pages for India — states, provinces and major centres — at our India regional index, which is the better starting point if your question is about a specific state or province rather than the country as a whole.

A worked example

Worked through with figures, the mechanism looks like this.

Credit relief on one stream of income

Take C$92,000 of income taxed in both countries. Assume the other country charged 28% on it and the home country would charge 40% on the same amount.

Credit relief on one stream of income
ItemAmount
Income taxed in both countriesC$92,000
Tax paid abroad (assumed 28%)C$25,760
Home tax on the same income (assumed 40%)C$36,800
Credit available (lesser of the two)C$25,760
Home tax still payableC$11,040

The credit absorbs C$25,760 and leaves C$11,040 payable at home, because the home rate on this income is the higher of the two. The balance is real cash and it is due on the home timetable, which is why instalments get raised in the first meeting. The shape of that result holds; the size of it depends entirely on your own numbers and dates.

The figures here are an illustration, not an engagement: amounts are picked so the mechanism is easy to follow, and every rate or threshold is an assumption of the example. Before anything is filed for you, each one is confirmed with the issuing authority for your own tax year.

What we fix most often

  1. Relying on a treaty summary rather than the treaty in force for the year, after protocols and multilateral modifications have changed the article being quoted.
  2. Treating a residence permit or a visa category as a tax answer. Immigration status and tax residence are decided by different tests.
  3. Treating a bank's tax-residence questionnaire as the answer rather than as a question, and certifying a status that the filings then contradict.
  • Rated 5.0 out of 5 stars on Google, on a profile open for you to read.
  • Your existing accountant keeps the domestic file; we take the cross-border piece, with the boundary in writing.
  • Authorisation with each authority, so we see the assessments and slips directly rather than asking you for them.

Whatever you have is enough to start the conversation, including nothing but the dates.

Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Where taxes for expats comes into this file

This is the page to read on taxes for expats. It takes retiring in India in order — the test that decides who is affected, the returns and forms that follow from it, and a fee quoted in writing before anything starts.

NRIs in Canada and the US with Indian property, deposits and inherited assets, and returning Indians inside the transitional residency window.

From first contact to filed return

  1. Share your documents

    A secure upload link arrives after the first call — send files in any state.

  2. A written fixed fee

    The quote is fixed from what you send; it does not move once accepted.

  3. Preparation, both sides at once

    The returns are drafted together, reconciled line against line.

  4. Approve, then file

    Nothing is filed until you have seen it and approved it.

What you are actually buying with retiring in India

Factor Legal Quotient Hourly billing model
Pricing A fixed fee, agreed in writing before work starts Hourly, billed as incurred
Experience 15+ years of cross-border work, 18,000+ clients Varies by file
Both sides of the border Prepared together by one team, so relief is claimed exactly once One country at a time, reconciled later
Who reviews it A named practitioner, published on the page Whoever the queue reaches
Where the work happens Our offices in India, the USA, Canada and the UAE Whichever single office you can travel to

The vocabulary this page leans on

Physical presence test
One of the two US qualifying tests for the exclusion, satisfied by days of presence in a foreign country during a twelve-month period.
Reverse hybrid
An entity treated as a company by the country of establishment and as transparent by the investor's country, the mirror image of the classic hybrid.
Advance ruling
A binding determination of the tax treatment of a proposed transaction, obtained before the transaction is carried out.
Transfer pricing
The pricing of transactions between related parties across borders, tested against what independent parties dealing at arm's length would have agreed.

The published fees closest to retiring in India

Recovering what has already been deducted is the other half. Indian tax comes off at source before any exemption is considered, so the price reflects how many payers have to be reconciled and how many years of over-deducted tax are being claimed back — the current year alone, or a run of them left unfiled.

Individual tax filing

$349fixed, before work starts

Covers: Individual returns where salary, investments or property sit outside the country of residence, prepared so relief is claimed once and in the right place.

See this fee page

Payroll & mobility setup

$999fixed, before work starts

Covers: Registrations, withholding and the employer obligations that follow staff working across a border, set up once and correctly.

See this fee page

The difference a dedicated cross-border team makes

The order of filing is planned, not improvised

Which return goes first decides whether relief can be claimed at all. That sequence is worked out before anything is submitted.

The quote comes from your documents

Nothing is priced from a phone call. We read what you have first, then the fee is set — so the scope and the number are agreed on the same evidence.

We say early if it is not our work

If a file needs something this practice does not do, you hear that at the start rather than after a bill.

A named reviewer on every file

Every page on this site and every file we deliver says which practitioner reviewed it — a person, not a team inbox.

Two of the firm’s advisers at a desk in the Delhi office

How the engagement runs, phase by phase

Step 1

Establishing the facts

A call to our 24-hour helpline to establish the facts and the dates that matter

Step 2

Agreeing the fee

A written scope and a fixed fee before any work starts

Step 3

Drafting and review

Preparation, then a named reviewer's sign-off before anything is filed

Step 4

Filing and follow-up

Filing, then payment — after you have seen and approved the result

Two of the firm’s advisers and the team in the open-plan office

How the work runs — quote first, then the work

  • Step 1: Send the documents as they are – No tidying required — forward what you have and we tell you what is missing.
  • Step 2: Get a fixed quote in writing – Priced from your actual documents before any work begins, not estimated after.
  • Step 3: Both countries prepared together – One team builds the filings against each other so the relief lands exactly once.
  • Step 4: Review, then file – You approve the finished work before we file it.

Quoted up front, in writing.

Contact Us 24-hour helpline +1 (416) 619-0068

The rest of this practice

Browse sideways: the pages below answer the neighbouring questions.

Services these clients use most

Form NR4 — amounts paid to non-residents Everything on NR4 amounts paid to non-residents, at the same depth as this page.
Tax on permanent residency Tax on permanent residency — the guide, the FAQ and the fixed fee.
Form T2 Schedule 29 — payments to non-residents The full guide to t2 schedule 29 payments to non-residents, with the fee fixed before any work starts.
Choosing a method — CUP Its own page: choosing a method — cup — mechanism, deadlines and published fees.
Limitation on benefits — the treaty test Everything on limitation on benefits treaty, at the same depth as this page.
Form T1-ADJ — adjustment request T1-adj adjustment request — the guide, the FAQ and the fixed fee.
Cash pooling arrangements The full guide to cash pooling arrangements, with the fee fixed before any work starts.
International tax planning Its own page: international tax planning — mechanism, deadlines and published fees.
Corporate emigration from Canada Everything on corporate emigration from Canada, at the same depth as this page.

Clients who arrive with this exact page

Technology & SaaS — your filing calendar Everything on technology & saas your filing calendar, at the same depth as this page.
Franchise owners — what we charge Franchise owners what we charge — the guide, the FAQ and the fixed fee.
Tax for missionaries & clergy The full guide to missionaries & clergy tax, with the fee fixed before any work starts.
Cross-border truck drivers — your filing calendar Its own page: cross-border truck drivers your filing calendar — mechanism, deadlines and published fees.
IT staffing firms cross-border tax Everything on it staffing firms cross border tax, at the same depth as this page.
Airline pilots — what you owe in each country Airline pilots what you owe in each country — the guide, the FAQ and the fixed fee.
Construction & contracting — your filing calendar The full guide to construction & contracting your filing calendar, with the fee fixed before any work starts.
Software developers — what you owe in each country Its own page: software developers what you owe in each country — mechanism, deadlines and published fees.
Education & ed-tech cross-border tax Everything on education & ed-tech cross border tax, at the same depth as this page.

The corridors we work every week

Retiring in Switzerland — pensions & withholding Everything on retiring in Switzerland, at the same depth as this page.
Retiring in Australia — pensions & withholding Retiring in Australia — the guide, the FAQ and the fixed fee.
Moving to Japan — the tax year you leave The full guide to moving to Japan, with the fee fixed before any work starts.
Working remotely from Switzerland Its own page: working remotely from Switzerland — mechanism, deadlines and published fees.
Moving to Spain — the tax year you leave Everything on moving to Spain, at the same depth as this page.
Moving to New Zealand — the tax year you leave Moving to New Zealand — the guide, the FAQ and the fixed fee.
Buying or selling property in Switzerland The full guide to buying or selling property in Switzerland, with the fee fixed before any work starts.
Moving back from United Kingdom — re-establishing residency Its own page: moving back from United Kingdom — mechanism, deadlines and published fees.
Working remotely from Japan Everything on working remotely from Japan, at the same depth as this page.

The people on your file

Five named practitioners, each with the part of a cross-border file they carry. Every page on this site says who reviewed it, and the reviewer is one of these people rather than an unnamed team.

Udit Gupta

Udit Gupta

Cross-Border Tax Expert

CA (ICAI), In-Depth Tax Trained

Reviews and signs off the practice's cross-border positions, and carries final responsibility for the treaty analysis on every file that leaves the office.

Abhinav Gupta

Abhinav Gupta

Canada Tax / International Tax

Canada Tax, International Tax, Cross-Border Tax, Transfer Pricing

Canadian returns with foreign income, non-resident filings, and the transfer-pricing documentation that runs alongside intercompany work.

Raghav Gupta

Raghav Gupta

International Tax

International Tax, Transfer Pricing Specialist

Benchmarking, method selection and the local-file and master-file sets that support a group's pricing policy under examination.

Anmol Mittal

Anmol Mittal

Canada and US tax

CPA Canada, CPA USA, CA (ICAI)

Files that have to be right on both sides of the border at once — dual filings, streamlined catch-ups, and the foreign tax credit reconciliation between them.

Vinayak Indolia

Vinayak Indolia

CFO advisory

CPA, CA. Fractional CFO and Senior Advisory Specialist

Groups that need the tax position and the finance function to agree: structure reviews, intercompany policy, and the reporting a board can act on.

Meet the whole team

What these engagements turn on

Case study 1

Treaty documentation lodged with a plan administrator before payments began

A retiree was weeks away from drawing a company pension and the administrator held no documentation of residence at all. We assembled the residence certification and the treaty claim, lodged it before the first instalment, and confirmed in writing what would be deducted. The engagement produced correct deduction from the very first payment rather than a reclaim a year later, and a file the retiree can hand to any future administrator without repeating the exercise from the beginning.

Case study 2

Commutation deferred until the transitional window had been assessed

A client intended to commute part of a pension shortly after arriving in India. We reviewed the residence history, established how long the transitional treatment would run and what would fall inside it, and set out what a commutation would attract in each of the years available. The engagement produced a written timing analysis and a revised instruction to the plan, and the payment was taken in a year that had been chosen rather than in the first year that happened to be convenient.

Case study 3

Retirement income streams identified and placed article by article

A retired couple were receiving a company pension, a state benefit, an annuity bought with their own savings and a small payment from earlier public service, and had been treating all of it alike. We traced each payment to its source and placed it under the article of the treaty that governs it. The engagement produced a single schedule showing, for each stream, which country may tax it, what the payer should deduct and where it is reported, which now drives both returns each year.

Case study 4

Over-deducted pension withholding recovered for the open years

A retiree had been receiving pension payments with deduction at the default rate for several years, with no treaty claim ever made and no return ever filed. We obtained the payer's slips for each year, confirmed which years were still open, and prepared non-resident returns claiming the correct treaty treatment. The engagement produced filed returns for the open years, recovery of the excess deducted, and documentation lodged with the payer so the deduction is right going forward.

Case study 5

Indian deposit income reconciled against a calendar-year foreign return

A retiree living on interest from Indian deposits and a foreign pension had two sets of records that never agreed, because one followed the Indian year and the other a calendar year. We rebuilt both on a monthly basis from bank statements and deduction certificates, then produced the Indian filing and the foreign return from the same underlying schedule. The engagement produced reconciled filings in both countries and a working paper that made the following year a matter of updating rather than rebuilding.

Case study 6

Survivor benefits reviewed after a spouse died abroad

A widow continued to receive payments that had been in her late husband's name, taxed as they had always been taxed. We reviewed what the payments had become on his death, how the treaty deals with a survivor benefit as against the original pension, and what documentation the payer now needed in her own name. The engagement produced corrected deduction at source, a return for the year of death dealing with both positions, and paperwork lodged in the surviving spouse's name.

Case study 7

An Indian Company Paying a Foreign Supplier

Payments abroad carry deduction at source and a certification filed before the money moves. Whether the treaty reduces the rate depends on what is being bought, and the classification is the decision the whole filing rests on.

Read how this one runs
Case study 8

Treaty Relief Claimed on a Cross-Border Estate

The estate article can extend a proportionate credit where the two systems would otherwise both tax the same asset. Claiming it requires a valuation and a disclosure the estate may not expect to make.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

  • Foreign VAT / GST / sales tax registrations
  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
Explore E-commerce & Marketplaces

Technology & SaaS

  • Cross-border revenue sourcing & withholding
  • IP structuring with real substance
  • Equity for cross-border teams
  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

Holding structures live or die on treaty access, beneficial ownership and substance — the MLI's principal-purpose test now sits over every arrangement.

A holding structure is only as good as its reporting. Foreign affiliates, accrued passive income and distributions each carry their own return, and the penalties on those attach to the form rather than to any tax being owed — so a structure that saves tax can still cost money if the information returns are late.

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

India — questions we are asked

Do I have to file at home while living in India?

It depends on residence, not on address — except for US citizens and green-card holders, for whom the answer is yes regardless of where they live. We settle the residence question first, because every other answer follows from it.

Is there a treaty between my country and India?

Treaty networks change with each protocol and each multilateral-instrument position, so we confirm the treaty in force for your specific year with the issuing authority rather than relying on a published summary. Where there is none, unilateral relief and domestic law do the work instead.

I own property in India. Where is the rent taxed?

Where the property is. That is close to universal, and it usually arrives as withholding on the gross rent rather than as a return on the profit — which is why the election onto a net basis, where India offers one, is normally the first thing to check. Your home country taxes the same rent and credits what was paid.

Will my Canadian pension be taxed before it reaches me in India?

Periodic pension payments out of Canada to someone resident abroad are subject to deduction at source, and the payer takes it off before the money moves. The treaty between the two countries can reduce that deduction, but only where the payer holds the supporting documentation before the payment is made. Without it the default treatment applies and the excess has to be reclaimed through a return the following year. Most of the work here is administrative and has to be done with the payer, not with the tax authority.

Are all my pensions treated the same way under the treaty?

No. Payments that look alike to a retiree can fall under different articles, and the article decides which country may tax the payment and on what basis. A company pension, a state retirement benefit, an annuity bought with your own capital and a pension earned in government service are not automatically dealt with alike. The first step in any retirement file is to identify each income stream and place it, before anyone talks about rates. Doing that in the wrong order is how people end up taxed twice.

Does India tax my foreign pension as soon as I arrive?

Not necessarily on arrival. Returning residents pass through a transitional window in which foreign income is not brought fully into the Indian net, and whether you qualify turns on your residence history rather than on your intentions. The window is finite, and pension income that sat outside it becomes taxable when it closes. That makes the timing of large withdrawals, commutations and transfers a planning question rather than an administrative one, and it is worth settling before the first payment is drawn.

Why was my lump sum taxed more heavily than my monthly pension?

Because a single large payment and a stream of periodic payments are often dealt with under different rules, both in the country paying and under the treaty. The reduced treaty treatment that applies to a periodic pension frequently does not extend to a lump sum, and the paying country may deduct more heavily from the one-off amount. Relief may still be available on the return, but it is relief claimed after the event. Ask the question before instructing the plan administrator, not after the payment has landed.

How do I get back the tax withheld on my pension?

By filing in the country that withheld it. The deduction at source is a payment on account, not a final settlement, and where the treaty treatment or the calculation of taxable income leaves you owing less, the return is the route to the difference. What matters is doing it for the right year and with the payer's slips in hand. Refunds arrive long after the year they relate to, and the credit you claim in India is tied to the income, not to the date the money comes back.

Do I still have to file in Canada now that I have retired abroad?

Often yes, though it is a different return. Income with a Canadian source paid to a non-resident may be dealt with entirely by deduction at source, in which case no return is required, but several common streams can instead be reported on a return in order to be taxed on the ordinary basis, which frequently costs less. Property, continuing business interests and the year you actually left all bring their own filings. It is worth having the position set out once rather than decided annually by guesswork.

Does the United Kingdom have a tax treaty with the United States?

Yes — the UK and the USA have one, and so do around sixty other jurisdictions including Canada, India, Australia, Mexico, Brazil and most of western Europe. The existence of a treaty is rarely the useful fact, though. Two people in two treaty countries can get opposite answers on the same pension or the same royalty, because what decides the outcome is the specific article for that income type and any limitation-on-benefits condition attached to it. See our country guides.

How does the treaty tie-breaker work when both countries say I am resident?

As a sequence, stopping at the first test that gives an answer: where you have a permanent home available; if in both or neither, where your centre of vital interests is; then habitual abode; then nationality; and if all of those tie, the two tax authorities decide by agreement. It is evidential rather than elective — you do not choose your treaty residence, you demonstrate it, which makes the record of homes, family and time the substance of the claim. See tie-breaking dual residency.

No hourly billing, ever

A fixed fee for your India filing

Tell us the situation and we quote in writing before any work starts. You approve the result before it is filed.

  • Rated 5.0 out of 5 stars on Google
  • A named reviewer signs off every filing
  • 24-hour helpline, +1 (416) 619-0068

Our practitioners are alumni of leading accounting and tax institutions

Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.

Request a Quote +1 (416) 619-0068