Sharma, Kamal
The multidimensional analysis of the concept of " place of effective management " in India a panacea to the double taxation conundrum ? / Kamal Sharma& Annand Swaroop Das .-- , 2017
Accesible también en línea a través de la Biblioteca del Instituto deEstudios Fiscales. Conclusión. Resumen.
Today, at a time when unprecedented structural and reformative changes are taking place in the Indian Taxation paradigm, the recent amendment in section 6(3)(ii) of the Income Tax Act, 1961 through Finance Act, 2015 acquires critical importance. Section 6(3)(ii) determines .residence. of a company i.e. ifthe company is found to be resident in India, Income Tax would be levied upon its worldwide income. By amendment, the .control and management. test has been replaced by .place of effective management. test which would be effectivefrom the assessment year of 2017.2018. In December 2015, draft guidelines regarding theaforementioned were released by the CentralBoard of Direct Taxes. The authorsin the present article attempt to distinguish between source and residence based taxations along with an elaborate discussion of the Organization for Economic Co-operation and Development.s interpretation of the .place of effective management. test. After a detailed study of the US, UK, and South Africa.s variations of the same test and the Double Taxation Agreements entered into by India with the said three countries, the authors argue that the test has to be applied on a case by case basis depending upon the peculiarities in the factual scenario. The authors highlight the drawbacks in the old test and analyse as to what extent the new test remedies the anomalies with a critical analysis the draft guidelines.The possible implications of the test have been discussed sector wise which is followed by recommendations/suggestions of the authors. In the conclusion, the authors assert that it is necessary to remedy the loopholes before releasing the final draft of the test.
RENTA
IMPUESTOS
RESIDENCIA FISCAL
DOMICILIO FISCAL
DOBLE IMPOSICION
INDIA
Das, Anand Swaroop
Intertaxv. 45, n. 3, March 2017, p. 268-282
The multidimensional analysis of the concept of " place of effective management " in India a panacea to the double taxation conundrum ? / Kamal Sharma& Annand Swaroop Das .-- , 2017
Accesible también en línea a través de la Biblioteca del Instituto deEstudios Fiscales. Conclusión. Resumen.
Today, at a time when unprecedented structural and reformative changes are taking place in the Indian Taxation paradigm, the recent amendment in section 6(3)(ii) of the Income Tax Act, 1961 through Finance Act, 2015 acquires critical importance. Section 6(3)(ii) determines .residence. of a company i.e. ifthe company is found to be resident in India, Income Tax would be levied upon its worldwide income. By amendment, the .control and management. test has been replaced by .place of effective management. test which would be effectivefrom the assessment year of 2017.2018. In December 2015, draft guidelines regarding theaforementioned were released by the CentralBoard of Direct Taxes. The authorsin the present article attempt to distinguish between source and residence based taxations along with an elaborate discussion of the Organization for Economic Co-operation and Development.s interpretation of the .place of effective management. test. After a detailed study of the US, UK, and South Africa.s variations of the same test and the Double Taxation Agreements entered into by India with the said three countries, the authors argue that the test has to be applied on a case by case basis depending upon the peculiarities in the factual scenario. The authors highlight the drawbacks in the old test and analyse as to what extent the new test remedies the anomalies with a critical analysis the draft guidelines.The possible implications of the test have been discussed sector wise which is followed by recommendations/suggestions of the authors. In the conclusion, the authors assert that it is necessary to remedy the loopholes before releasing the final draft of the test.
RENTA
IMPUESTOS
RESIDENCIA FISCAL
DOMICILIO FISCAL
DOBLE IMPOSICION
INDIA
Das, Anand Swaroop
Intertaxv. 45, n. 3, March 2017, p. 268-282