Stringent Provisions under Black Money Act Setting Context: The Black Money (Undisclosed foreign Income and Assets) and imposition of Tax Act 2015 (BMA) was born after the Apex Court expressing concern over the issue of Black Money and recognising …
Continue reading “Black Money & Non Residents”
read moreLower Deduction or No deduction of Tax on Payments to Non-residents Setting Context Non-resident is at disadvantage when he sells his properties in India as compared to residents as they are subject to deduction of income tax at the rate …
Continue reading “Lower Deduction or No deduction of Tax”
read moreCharacterization of Foreign Remittances – Key for Withholding Tax under Section -195 of the Income Tax Act Setting Context Section-9 of the Income Tax -Act plays a super important role in determining taxability of Non-resident in India. Accordingly, certain income …
Continue reading “Characterization of Foreign Remittances”
read morePlace of Effective Management (POEM) Impacts Foreign Companies Setting Context (Place of Effective Management) POEM Impacts Foreign Companies those may be trying to evade taxes by merely having incorporation or a set of directors operating from outside India while in …
Continue reading “POEM Impacts Foreign Companies”
read moreOverseas Direct investment (ODI) is regulated by the Reserve Bank of India and the Government of India under Foreign Exchange Management Act [FEM (Transfer of issue of any foreign security) Regulation, 2004] through Notification FEMA 120/2004-RB, dated 7.7.2004. Till a …
Continue reading “Overseas Direct Investment (ODI)”
read moreIndia is one of the faster growing economies in the World clubbed with highest working population and largest consumer of goods and services. Every business house is eyeing to participate in India’s growth story. They are looking for appropriate entry …
Continue reading “Setting up Foreign Entities in India”
read moreTaxability of reimbursement of expenses in the hands of Non-resident recipient is extremely litigated issue. The payers of the reimbursement is always in an extremely confusing state of mind. There are so many conflicting decision of various Courts which further …
Continue reading “Reimbursement of Expenses – Withholding Tax”
read moreMultilateral Instrument- A Big Challenge for tax professionals Multinational Entities (MNE) through aggressive international tax planning are shifting profit to the locations where they are paying no tax or very less tax. Being mindful of this fact, more than 100 …
Continue reading “Multilateral Instrument (MLI) – An Introduction”
read moreWithholding Tax U/S 195 of Income Tax Act – Practical Approach Section-195 of the Income Tax Act (ITA) is one of the important ‘compliance gate’ for tax collection from Non-resident. As this Section provides tax to withhold on any payments …
Continue reading “Withholding Tax U/S 195 of Income Tax Act”
read moreCS : Computer Software ITA : Indian Income Tax Act Software Royalty – Judicial Dilemma: [2005] Motorola Case Special Bench ITAT Delhi- COMPUTER SOFTWARE being ‘Copyrighted’ article not ‘copyright’ Not taxable both under ITA and relevant DTAA. [2010] Gracemac …
Continue reading “Software Royalty – Achieved ‘NIRWANA’?”
read more
