India, Japan to sign advance-pricing agreement to untie tax hassles

India and Japan will soon sign an advance-pric­ing agree­ment (APA), a move that will pro­vide cer­tain­ty to investors at a time the coun­try is look­ing to attract big Japan­ese investment.

I am hap­py to men­tion here that APA between India and Japan in a par­tic­u­lar com­pa­ny’s case has been finalised and it would be inked very soon,” rev­enue sec­re­tary Shak­tikan­ta Das said at an event on Thurs­day. “So, this will bring lot of clar­i­ty between our tax per­cep­tion and the activ­i­ty of that par­tic­u­lar com­pa­ny. And the agree­ment is between tax author­i­ties of India and Japan.”

Das, how­ev­er, did not name the Japan­ese com­pa­ny sign­ing the APA. He said it augurs well for investors from Japan who are look­ing at India fol­low­ing a very suc­cess­ful vis­it there by PM Naren­dra Modi. The gov­ern­ment has so far received more than 378 appli­ca­tions from com­pa­nies for the mech­a­nism, which will allow MNCs to seek guid­ance on pric­ing of goods and ser­vices in advance.

An APA, usu­al­ly for five years, is signed between a tax­pay­er and the tax author­i­ty (CBDT) on an appro­pri­ate trans­fer pric­ing method­ol­o­gy for deter­min­ing the price and ensu­ing tax­es on intra-group over­seas transactions.

Trans­fer pric­ing — trans­ac­tion prices between sep­a­rate enti­ties of a large com­pa­ny — gen­er­at­ed much heat in con­nec­tion with invest­ments by large MNCs like Voda­fone, Shell, WNS and Nokia.

MNCs are often accused of mis­us­ing the sys­tem to trans­fer prof­its to their sub­sidiaries in coun­tries that have low tax rates. The law requires that goods and ser­vices be sold to sub­sidiaries by par­ent com­pa­nies at arm’s length price, the price at which goods are trad­ed between uncon­nect­ed companies.

Tax­ing these units has become a com­plex area for the rev­enue depart­ment, with the gov­ern­ment often dis­agree­ing on the prof­its declared by a for­eign com­pa­ny for its Indi­an unit.

Das said the gov­ern­ment is com­mit­ted to pro­vid­ing “fair, sta­ble and pre­dictable” tax regime that does not have any room for ambi­gu­i­ty and the Bud­get 2014–15 is a start­ing point.

Lot of pre­dictabil­i­ty has been brought in with this bud­get,” he said, adding that the gov­ern­ment has clear­ly said there will be no ret­ro­spec­tive change in the tax pol­i­cy that cre­ates fresh tax lia­bil­i­ty. But, he said, it has to be a part­ner­ship between the indus­try and the rev­enue department.

We need to move away from aggres­sive tax plan­ning vis-a-vis aggres­sive tax assess­ment. We need to find resolution.

The whole per­cep­tion of aggres­sive tax­a­tion is cen­tred around 7–8 cas­es. I would not like to go into those cas­es as they are in var­i­ous stages in dif­fer­ent courts,” he said.

Source: Eco­nom­ic Times

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