Category: India

Country-by-country reporting implementation: not so simple after all!

The Base Erosion and Profit Shifting (BEPS) Action Plan adopted by the OECD and G20 countries in 2013 recognised that enhancing transparency for tax administrations by providing them with adequate information to assess high-level transfer pricing and other BEPS-related risks is a crucial aspect for tackling the BEPS problem. Against… – Continue reading

Withholding tax on masala bonds set at 5%

To buy corporate bonds one needs to be a registered FPI but to buy masala bonds registration is not compulsory due to which these bonds will have good demand The withholding tax on rupee-denominated offshore bonds (‘masala bonds’) by domestic issuers has been set at five per cent, at par… – Continue reading

Emergence of a new order in tax policies

India must align domestic laws with international treaties A recent ruling of the Punjab & Haryana High Court (HC) in the Serco BPO case has once again underlined the need for consistency between tax policies and the jurisprudence that evolves around it, thus, leaving little to interpretational hazards. The HC,… – Continue reading

Tax treaty access, a challenge going forward? – Impact of BEPS Action 6 on collective investment vehicles

In 2013, the Organisation for Economic Cooperation and Development (OECD) released a series of proposed tax measures for eliminating corporate tax structures that shift profits to foreign jurisdictions. This corporate tax practice is commonly referred to as base erosion and profit shifting or BEPS. Towards this, the OECD and G20… – Continue reading

Mauritius appoints minister for financial services

When Delta, a South Africa-based property investment fund, decided to switch the offshore domicile of its international operations from Bermuda to Mauritius a year ago, it gained unexpected benefits, reports the Financial Times. “We’ve been very pleased,” says Bronwyn Corbett, head of Delta, as she reflects on the success of… – Continue reading

TODAY, SHANGHAI; NEXT UP, TORONTO

Bloomberg BNA’s first transfer pricing conference in Asia—the latest offering in our Global Transfer Pricing Conference series with Baker & McKenzie—could not have been better timed. The day the conference opened, Sept. 17, China issued a revised draft circular on transfer pricing that completely changed the game for multinational companies… – Continue reading

Unexpected tax troubles cropping up in emerging countries

Honda’s manufacturing plant in India, one of the emerging countries where many Japanese companies are in disputes with local tax authorities. TOKYO — Many Japanese companies operating in emerging countries are grappling with taxation problems they would never face in major industrial nations. Honda Motor, for instance, has gotten embroiled… – Continue reading

Foreign Firms Get Retrospective Relief From Controversial Tax

In a big relief to foreign firms, the government on Thursday exempted them from paying minimum alternate tax (MAT) retrospectively from April 2001, provided they did not have a permanent establishment in India. Tax experts said that this government move ends a lot of uncertainty on the controversial MAT issue… – Continue reading

Centre to exempt foreign firms covered by double taxation treaty

IT Act will be amended with retrospective effectto exempt foreignfirms from MAT In a big relief to foreign firms, government on Thursday said the Income Tax Act will be amended with retrospective effect to exempt from minimum alternate tax (MAT) the overseas companies that covered under double taxation avoidance agreements… – Continue reading

Taxation issues concerning high networth individuals

What constitutes an HNI is a tricky question? In general parlance, HNIs are understood to be the individuals with ultra-high networth with deep pockets having surplus investible funds. As per the Credit Suisse global wealth report, currently India is home to around 1,500 ultra-high networth individuals with wealth of at… – Continue reading

Govt will not extend black money compliance window beyond Sept 30

New Delhi, Sept 22 (KNN) Government will not extend the window for declaration of black money assets held abroad beyond September 30, said Joint Secretary, Central Board of Direct Taxes (CBDT), Ministry of Finance, V Anandarajan. While inaugurating the conference on ‘Black Money Act: Ignorance is not Bliss! – Key… – Continue reading

FIIs seek ease of doing biz

Foreign institutional investors (FIIs) on Monday sought simplified requirements for making investments in India, during their meeting with Finance Minister Arun Jaitley. Jaitley, who has wrapped up his two-day visit here, highlighted recent initiatives taken by the government to attract investments and told them, efforts were being taken to further… – Continue reading

Untapped funds can help pay for Sustainable Development Goals

Development Goals (SDGs) but poorer countries should exercise caution when borrowing money, Gail Hurley, a development finance expert with the UN Development Program (UNDP), told Xinhua. “There’s a lot more finance available now—public and private, domestic and international — (but) a lot of it is loan finance, so we do… – Continue reading

What NRI investors need to take note of in the latest IRS Notice

There are many Non-Resident Indians (NRIs) from the US that are fearful of being involuntary discovered through the impending Foreign Account Tax Compliance Act (FATCA) disclosures of their Indian accounts by their foreign banks. The US Internal Revenue Service has issued a notice extending the time under which certain transitional… – Continue reading

New global tax crackdown could impact asset owners

A new wave of global tax compliance regulation is a game changer in the way asset owners and investment management companies report activities. Globalization of financial markets has made it increasingly simple to make, hold and manage investments outside an asset owner’s own tax domicile. A standard on automatic exchange… – Continue reading

Sebi widens black money probe; offshore arbitrage under lens

NEW DELHI: Widening its probe into suspected tax evasion and laundering of black money through stock markets, regulator Sebi is looking into illicit ‘arbitrage’ through derivatives trading from offshore locations. Also under the scanner are manipulation through ‘client code modifications’ in the past, although there has been a complete clampdown… – Continue reading

U.S. tax-evasion probe expands to Belize

U.S. authorities have targeted Belize-based banks in a new expansion of their hunt for Americans suspected of evading taxes by hiding income and assets in offshore accounts. A federal court in Miami on Wednesday approved special “John Doe” legal summonses seeking information about U.S. taxpayers who may hold undeclared accounts… – Continue reading

Blackstone buys back Intelenet for Rs 2,500 crore

BANGALORE: The world’s largest PE firm Blackstone has acquired the Indian and most of the offshore business process outsourcing (BPO) operations of London-headquartered Serco Plc – formerly Intelenet — for Rs 2,558 crore, or $383 million. This marks Blackstone’s biggest deal in India till date, and a rare instance of… – Continue reading

Seminal decision: Capacity Utilization Adjustment in Transfer Pricing

The Transactional Net Margin Method (‘TNMM’) is a prescribed method for determining the arm’s length price in some cases. It also enjoins the adjustment owing to capacity under-utilization differences. Sizes of entities and level of activities differ, so does the available comparables for the purpose of transfer pricing adjustments. The… – Continue reading

Malta – the optimum choice for private equity

Malta provides an outstanding opportunity for private equity and venture capital managers. It has a flexible LP structure, an extensive network of double tax treaties, a favourable local tax regime and experienced service providers who can provide a cost-effective solution,” comments Felicity Cole (pictured), Head of the Funds Department at… – Continue reading

FM Arun Jaitley pledges ‘fairest predictable tax regime’ ahead of India-US dialogue in Washington

NEW DELHI: Finance minister Arun Jaitley has promised “fairest and predictable taxation regime” while inviting US businesses to invest in the country. Speaking at the 11th Indo-US Economic Summit organised by the Indo-American Chamber of Commerce ahead of the India-US Strategic and Commercial Dialogue (SACD) in Washington later this month,… – Continue reading

Meg Whitman: HP will offshore 60% of the jobs in its ‘essential’ business unit

Hewlett-Packard will offshore 60% of its workers at its consulting unit, HP Enterprise Services, CEO Meg Whitman told investors Tuesday during the company’s annual analyst meeting. In 2013, 36% of ES workers were in low-cost offshore locations like Manila, Philippines; Costa Rica; and Bangalore, India. By 2018, 60% of them… – Continue reading

Tax: Why it is important to report your foreign assets and income

Under the I-T Act, 1961, taxpayers are broadly categorised as Ordinary Resident, Not Ordinarily Resident (NOR) and Non-Resident (NR). Reporting and paying taxes on overseas incomes and assets come with their own set of challenges. Under the I-T Act, 1961, taxpayers are broadly categorised as Ordinary Resident, Not Ordinarily Resident… – Continue reading

FACTA: Expect the unexpected (and the worst) in tax treatment and disclosure of offshore assets, particularly for Indian assets

On July 9, 2015, India and the US signed an agreement to implement the Foreign Account Tax Compliance Act (FATCA) that will facilitate exchange of information between the two countries starting on October 1, 2015. FATCA was signed by Revenue Secretary Shaktikanta Das and US Ambassador Richard Verma in New… – Continue reading

Government panel submits financial sector reforms report

A government committee on financial sector reforms has finalised a report, broadly outlining the amendments required in financial laws and taxation to make domestic sector more competitive in the international market. Sources in the know said the report was submitted on Tuesday by the Standing Council of Experts, which was… – Continue reading

How captive IT offshore centers are driving IT innovation

Companies like Amazon, Tesco and Honeywell are looking to offshore IT subsidiaries to deliver digital transformation. New launches of captive centers offshore continued to increase in the first half of 2015, according to research from outsourcing consultancy Everest Group. Companies in the manufacturing, telecommunications and technology industries, in particular, expanded… – Continue reading

INDIA: FATCA GUIDANCE NOTES

India’s Ministry of Finance, Department of Revenue (Foreign Tax and Tax Research Division) on 31 August 2015 released guidance notes with respect to implementation of the reporting requirements under rules 114F to 114H of the Income tax rules. Rules 114F to 114H implement the intergovernmental agreement (IGA) between India and… – Continue reading

Sebi asks market entities to follow I-T Department norms for FATCA

NEW DELHI: To ensure compliance with FATCA — the new US law to check offshore tax evasion — regulator Sebi today asked all market intermediaries to follow reporting requirements prescribed by Income Tax Department in this regard. Under Foreign Account Tax Compliance Act (FATCA), foreign financial institutions that fail to… – Continue reading

Editorial: Financed from India

Given how China is trying to internationalise its currency, including getting more countries to settle trade in local currencies, it is not surprising that Indian policy-makers are looking at how to increase the rupee’s international acceptability. While that will have to wait till the Indian economy acquires China’s heft, a… – Continue reading

Govt panel for tax changes

Suggests ending STT on equity derivatives, stamp duty on index ones; also for rupee’s internationalisation, other changes A government-appointed panel has recommended abolition of the securities transaction tax (STT) in equity derivatives. The standing council on international competitiveness of the Indian financial sector also suggested doing away with the stamp… – Continue reading

IRS Gets Tax Data From India As Black Money Hunt Hits Americans Too

Indian Prime Minister Narendra Modi promised to bring home millions of dollars of illicit money stashed abroad. Indians call undisclosed money ‘black money,’ and how much there is remains unclear. But it isn’t just billions. It could be hundreds of billions to more than $1 trillion. It isn’t merely offshore… – Continue reading

Transfer pricing remains thorny issue for international trade

Multinational companies are facing far more expansive and complex audits by tax authorities fighting over the same pot of profits as budget deficits continue to increase, reports BD Live. An inevitable outcome of efforts globally to prevent tax bases from erosion is double taxation and increased disputes over adjusted assessments… – Continue reading

Undisclosed foreign bank accounts: CBDT issues guidelines for compounding of offences

NEW DELHI: The Central Board of Direct Taxes (CBDT) has issued guidelines for compounding of offences under Income Tax Act, 1961/Wealth Tax Act, 1957, in cases of persons holding undisclosed foreign bank accounts/assets. The CBDT on Friday issued directions to all field formations, including principal chief commissioners, chief commissioners and… – Continue reading

New Swiss Banking Norms May Not Help India’s Hunt for Black Money

Switzerland will allow stolen data acquired through official means to form the basis for a request for assistance but will help India only for post-2011 bank accounts, that too as long as Swiss courts don’t interfere Geneva: Switzerland’s proposed changes on treating stolen information have generated much optimism in India… – Continue reading

Implementation Of The Multilateral Competent Authority Agreement And Foreign Account Tax Compliance Act

SEBI on August 26, 2015 released a notification on the captioned head. It informed the intermediaries that India has joined The Multilateral Competent Authority Agreement (MCCA). Further on July 09, 2015, the Governments of India and United States of America signed an agreement to improve international tax compliance and to… – Continue reading

Indian Competent Authority Akhilesh Ranjan On BEPS

At the 69th IFA Congress in Basel, Taxsutra’s Arun Giri, accompanied by well known tax expert Mukesh Bhutani, interviewed India’s Competent Authority Akhilesh Ranjan. Mr. Ranjan is leading the country’s charge on BEPS, and offers candid views on various issues including confidentiality of information, possibility of a BEPS outcome that… – Continue reading

Political courage needed on tackling inequality

Government must make good on its vows, says Jamie Livingstone In less than two weeks, leaders from 193 states will meet at the United Nations in New York to formally adopt, in effect, a new plan to fight extreme poverty, tackle inequality and end hunger. The Sustainable Development Goals (SDGs)… – Continue reading

Govt to tax collectors: give foreign companies a break | Reuters

MUMBAI India’s tax officials, long the scourge of foreign investors, are under government pressure to avoid aggressive claims against overseas funds and companies, as the country seeks to repair an image dented by high-profile tax battles. The latest dust-up was over a largely overlooked minimum alternate tax (MAT), which had… – Continue reading