Direct Tax Avoidance Agreements

                                                                                                               Trinidad and Tobago

Article 3 : General definitions

1. For the purposes of this Convention, unless the context otherwise requires:

(a) the term "Trinidad and Tobago" means the Archipelagic State of Trinidad and Tobago, comprising the several islands of Trinidad and Tobago, its Archipelagic waters, territorial sea and the airspace thereof, together with the adjacent submarine areas of the Exclusive Economic Zone and the continental shelf beyond the territorial sea over which Trinidad and Tobago exercises sovereign or other rights in accordance with the laws of Trinidad and Tobago and with international law;

(b) the term "India" means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the UN Convention on the Law of the Sea;

(c) the term "a Contracting State" and "the other Contracting State" mean the Republic of Trinidad and Tobago or the Republic of India, as the context requires;

(d) the term "person" includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting States;

(e) the term company" means any body corporate or any entity which is treated as a body corporate for tax purposes;

(f)  the terms "enterprise of a ContractingState" and "enterprise of the other ContractingState" means respectively an enterprise carried on by a resident of a ContractingState and an enterprise carried on by a resident of the other ContractingState;

(g) the term "international traffic" means any transport by a ship or aircraft operated by an enterprise which is a resident of a ContractingState, except when the ship or aircraft is operated solely between places in the other ContractingState;

(h) the term "competent authority" means:

(i)  in the case of Trinidad and Tobago, the Minister to whom the responsibility for Finance is assigned or his authorised representative;

(ii) in the case of India, the Central Government in the Ministry of Finance (Department of Revenue) or their authorised representative;

(i)  the term "national" means:

(i)  any individual possessing the nationality of a ContractingState;

(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting state;

(j)  the term "fiscal year" means:

(i)  in the case of Trinidad and Tobago, the "year of income" as defined in section 2(1) of the Income Tax Act, Chapter 75:.1;

(ii) in the case of India, "previous year" as defined under section 3 of the Income Tax Act, 1961;

(k) the term "tax" means Trinidad and Tobago tax or Indian tax as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Convention applies or which represents a penalty or fine imposed relating to thsoe taxes.

2. In the application of the Convention by a Contracting State any term not defined herein shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting State relating to the taxes which are the subject of this Convention.