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UPSC Prelims 2022 Q8: Indian Economy – Taxation

UPSC Prelims 2022, General Studies Paper I · Indian Economy

Which one of the following situations best reflects "Indirect Transfers" often talked about in media recently with reference to India?
  1. (a) An Indian company investing in a foreign enterprise and paying taxes to the foreign country on the profits arising out of its investment
  2. (b) A foreign company investing in India and paying taxes to the country of its base on the profits arising out of its investment
  3. (c) An Indian company purchases tangible assets in a foreign country and sells such assets after their value increases and transfers the proceeds to India
  4. (d) A foreign company transfers shares and such shares derive their substantial value from assets located in India

Answer: (d) A foreign company transfers shares and such shares derive their substantial value from assets located in India

Explanation

Indirect transfers — taxing offshore deals in Indian assets

An indirect transfer happens when shares of a foreign company change hands abroad, but those shares get their value mainly from assets in India.

PointFact
Famous caseVodafone–Hutchison (2007) — Vodafone bought a Cayman Islands company that owned Hutchison Essar in India
Supreme Court (2012)Ruled India could not tax the deal under the law then
Retrospective amendmentFinance Act 2012 taxed such transfers back to 1962
FalloutArbitration losses (Vodafone, Cairn)
RepealTaxation Laws (Amendment) Act, 2021 scrapped retrospective demands
Current ruleSection 9(1)(i): taxable if Indian assets make up at least 50% of the value and exceed ₹10 crore

Answer: (d) A foreign company transfers shares and such shares derive their substantial value from assets located in India.

Why each option is right or wrong

Key point

Indirect transfer = offshore share sale deriving value from Indian assets (Vodafone case); retrospective tax of 2012 repealed in 2021.

Remember

An indirect transfer is a foreign share sale whose value comes from assets in India.

Common mistakes

Exam tip

'Indirect' = the Indian asset is sold indirectly, through a foreign parent's shares.

Sources

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