04 March 2016

India's Budget 2016 includes significant international tax proposals

India released the Finance Bill, 2016 (FB 2016) for financial year April 1, 2016 to March 31, 2017 on February 29. The FB 2016 introduces a number of proposals influenced by the Organisation for Economic Co-operation and Development's Base Erosion and Profit Shifting (BEPS) initiative. These include implementation of Master File and Country-by-Country (CbC) reporting, introduction of a withholding tax on certain specified digital services, and a "Patent Box" tax regime for royalty income. Other significant proposals include, but are not limited to: a one-year deferral of the applicability of place of effective management test in determining corporate residency status, certain exemptions of income of a foreign corporation, exemption from dividend distribution tax for companies with units in an International Financial Service Centre, reduction in corporate tax rates and a broader application of buyback tax. Unless otherwise specified, the proposals generally apply to a tax year beginning on or after April 1, 2016.

A Tax Alert prepared by Ernst & Young's Indian Tax Desk in New York, and attached below, provides additional details.

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Document ID: 2016-0451