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Pantaloon
Pantaloon
1000 Crore
Birla Kishor Biyani
Future Group
Pantaloon
Pantaloon
900 Crore
Birla Kishor Biyani
CGT Future Group
100
Crore
Pantaloon
Pantaloon
900 Crore
Birla Kishor Biyani
CGT Future Group
100
Crore TDS
Withholding TAX
Pantaloon
What happened in
Hutch Deal?
Vodafone PLC, Hutchinson
London HongKong
Vodafone
Hutch Essar,
EssarIndia
India
Mar. 2007
Vodafone PLC, Hutchinson
London HongKong
Entire Deal outside India
No sale/purchase of Indian
company / its shares
Vodafone,
Netherland
CGP investment
Holding, Cayman
Hutch
CGP not in anyVodafone
Essar,
other India
India
business
Entire Deal to acquire Hutch-Essar
2010: Bombay HC
Rs.12000 Cr.
CGT
2012: Supreme Court
Rs.12000 Cr.
CGT
IT Act Clarification (2012)
SC – IT Dept. no power / jurisdiction (existing).
Govt. issues Clarification in IT act
Capital gains on companies outside India.
when value derived from Indian Asset
Such companies will be considered located
within India.
Will apply to all deals from 1962 onwards
Evasion OR Avoidance?
Evasion Avoidance
Board of Directors
Chairman/MD
SHARE-HOLDERS IPO
Income
CEO Tax (10|20|30%)
Executives
Staff Excise Duty 6%
PROFIT Corporate Tax 33%
Board of Directors VAT 4%
Managing Director
DIVIDEND IT
SHARE-HOLDERS
Income
CEO Tax (10|20|30%)
Executives
Staff Excise Duty 6%
PROFIT Corporate Tax 33%
Board of Directors VAT 4%
Managing Director
DIVIDEND IT
SHARE-HOLDERS
Vodafone:
Pantaloon
Pantaloon
Kishor Biyani
Future Group
Big Bazaar Pantaloon
1000 Crore
Decides the transfer
price of shares
Kishor Biyani
Future Group
Big Bazaar Pantaloon
CGT
100
Crore
900 Crore
Decides transfer price of shares
1000 cr. 100 Cr.
Kishor Biyani
Future Group
Big Bazaar Pantaloon
CGT
10 Crore
90 Crore
UNDER-VALUATION
Why Transfer?: MNC
Reduce Tax liability (Netherland =>
Mauritius)
Replace the Chain of command
Vodafone PLC, 2007-08
London
Vodafone,
Netherland
Vodafone India
Services (VISPL)
2009-10
Vodafone PLC, Vodafone
London Teleservices
India Holding
Mauritius.
Vodafone,
Netherland 3,200 Cr.
8500
Crore
Vodafone India
Services (VISPL)
FY 2013
Vodafone
1. October 2014: Bombay HC ruled
in favor of Vodafone Transfer
2. Nov. 2014: similar case, Royal Pricing Case
Dutch Shell co. wins (18,000 cr.)
3. January 2015: Modi Government
decides NOT to appeal against
Vodafone in Supreme court.
4. Improve investor confidence.
CGT Transfer Pricing
Bought company from Hutch Transferred Pune-BPO
Did not pay capital gains tax shares to Mauritius
SC says matter out of company
jurisdiction
Allegedly undervalued the
But Pranab Clarification: tax shares
demand stands
2014: Vodafone sends Bombay HC did not find
arbitration notice under fault.
Netherland Bilateral Modi decides not to pursue
investment treaty
further
MCQ- Find incorrect statement
A. CGT is an example of indirect tax
levied during sale of capital assets.
B. During such transaction, Seller of
Capital assets, is required to withhold
the tax.
C. Both A and B
D. Neither A nor B
1. Skip 2. Attempt 3. Mark n Review
MCQ- Find Incorrect statement
A. CGT is an example of indirect tax
levied during sale of capital assets.
(WRONG)
B. During such transaction, Seller of
Capital assets, is required to withhold
the tax. (WRONG)
C. Both A and B
D. Neither A nor B
1. Skip 2. Attempt 3. Mark n Review
MCQ- Find Correct statement
A. CGT is an example of indirect tax
levied during sale of capital assets.
(WRONG)
B. During such transaction, Seller of
Capital assets, is required to withhold
the tax. (WRONG)
C. Both A and B
D. Neither A nor B
1. Skip 2. Attempt 3. Mark n Review
MCQ- Find Correct statement
A. State government can levy stamp duty
on insurance policies, shares and
debentures.
B. Union government can levy tax on the
transfer of shares and debentures.
C. Both A and B
D. Neither A nor B
1. Skip 2. Attempt 3. Mark n Review
MCQ- Find Correct statement
A. State government can levy stamp duty
on insurance policies & promissory
notes. (Union List I, #91) WRONG
B. Union government can levy tax on the
transfer of shares and debentures.
(Union List I, #91) right
C. Both A and B
D. Neither A nor B
1. Skip 2. Attempt 3. Mark n Review
Nokia Tax Row
તકલીફ #૧
Royalty payment
CEO
Executives
Staff
PROFIT
Board of Directors
Managing Director
DIVIDEND
SHARE-HOLDERS
Pantaloons
Future Group
Quantitative restriction on royalties
Indian Company=> Foreign Parent
Maximum 8% royalty
Tax on Royalty
India
TDS
Withholding Tax
Indo-Finland DTAA
Nokia
Rs.25,000 Cr
Finland royalties
India
2006-2013
Timeline 2013
Jan 2013: IT raids Sriperumbudur (Tamil
Nadu) plant and offices in Chennai.
Feb: Nokia’s bank accounts ceased
April 2013: Delhi HC unfreeze
Arguments
1. India-Finland DTAA: TDS on
Royalties …yes Nokia
2. but “Computer software”
not in definition
3. Computer software = “RAW
Material”
Argument
1. Microsoft 8 billion USD
Income Tax
2. But did not explain Department
liability
3. Quick action to prevent
escape
Nokia
Chennai plant = Rs.2500 Cr
Tax =6000+ cr. Current
Case can go on. Strategy
Not part of Microsoft deal.
Continue production on contract :
Stopped in 2014, November.
VRS + skill training offered to 7k
staff
Case Defeat=> Attach factory.
Nokia Tax Row
Royalties Tax
Corporate Tax
Sriperumbudur
SEZ
1.Fiscal imperialism
2.DTAA models
3.Avoidance until when?
Post WW1, League of nations
British Company UK Authorities
Dividend
Residual Profit
Royalty Payment
Source country..x
Interest Payment
Vodafone,
Netherland Vodafone India
90 Cr. Payment
Tax agreement
@Destination
Vodafone PLC, Model
London OECD
90 Cr. tax
Vodafone,
Netherland Vodafone India
Fiscal imperialism
Foreign Parents
Intermediate
Holding Company
Costa Rica
BVI
Supply Chain Developing
Transaction Countries
Cayman
Bermuda
Interest transfer
Luxembourg Lease transfer
payments payments
TAX HAVEN Royalty transfer
payments
After thoughts
1. DTAA: Legal, technical, definition
loopholes will remain
2. Will continue until India becomes a
developed country.
Vodafone tax issues
Nokia Tax issues
NEXT: BoP, CAD, Cap.Account
convertability