BEPS: It’s coming!

Base Erosion and Profit Shifting (BEPS) has been the talk of tax town with good reason — multinational corporations have ceaselessly been in the eye of a political storm over strategies to reduce their tax bill. The G20 nations wanted the OECD to intervene, which resulted in the OECD BEPS project. Although the OECD BEPS … More BEPS: It’s coming!

Applicability of 20% tax withholding rate to a non-resident under tax treaty scenario?

It is a settled tax principle under the provisions of the Indian Tax Law (ITL) that a non-resident can opt to apply for the provisions of the Double Taxation Avoidance Agreement (tax treaty) or of the ITL, whichever is more beneficial. A tax treaty is an agreement between India and other countries with respect to … More Applicability of 20% tax withholding rate to a non-resident under tax treaty scenario?

Transactions in the BEPS world: the road ahead

“Coherence”, “transparency” and “substance” – these words have become the focal point of every discussion surrounding transactions today. In India, the glass ceiling on the importance of these terms was broken a few years ago with the advent of GAAR in the Direct Tax Code and retroactive amendments for taxation of indirect transfers. However, the … More Transactions in the BEPS world: the road ahead

‘Range Concept’ and use of ‘multiple years’ : Better late than Never

The Finance Minister, in his Budget speech in 2014, had announced that range concept for determination of arm’s length price (ALP) will be introduced in the Indian transfer pricing regime where there is adequate number of comparables for determination of ALP. Furthermore, it was announced that use of multiple year data will be permitted for … More ‘Range Concept’ and use of ‘multiple years’ : Better late than Never

SEBI facilitating delisting and M&As can be catalyst for doing business in India

Recently, the Securities Exchange Board of India (SEBI), the Indian capital market regulator, made overhauling amendments to the SEBI (Delisting of Equity Shares) Regulation, 2009 (Delisting Regulations) to ease the delisting process. Furthermore, certain amendments were made to SEBI (Substantial Acquisition of Shares and Takeover) Regulation, 2011 (Takeover Regulations) and SEBI (Buy Back of Securities) … More SEBI facilitating delisting and M&As can be catalyst for doing business in India