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Budget 2021-22: UK-India Business Council seeks tax parity

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Published : Jan 16, 2021, 11:58 AM IST

Ahead of the Union Budget, the UK-India Business Council (UKIBC) has sought parity in the corporate tax rates between foreign and domestic companies, reports Krishnanand Tripathi, Deputy News Editor of ETV Bharat.

Budget
Budget

New Delhi: As the date of presentation of the Union budget for the next year draws close, foreign industry chambers have once again raised the issue of two different tax rates for foreign companies and Indian companies, saying a high corporate tax rate levied on foreign firms puts them at a disadvantage.

The UK-India Business Council (UKIBC), an industry body that works to promote trade and commerce between India and the UK, urged the government to bring parity in the corporate tax rates between foreign and domestic companies.

The reduction in the corporate tax rate for domestic companies coupled with the abolition of Dividend Distribution Tax (DDT) creates a significant disparity between the effective tax rates applicable to foreign companies and domestic companies, the UK-IBC said in its representation made to the finance minister Nirmala Sitharaman.

According to industry calculations, the effective tax rate on foreign firms turns out to be 43.68% vis-à-vis 25.17% for Indian companies.

UKIBC said the manner of computation of profits for domestic companies and non-residents operating in India under a branch route is ordinarily identical except for certain restrictions imposed on branches of foreign banks.

"Globally, the general practice is to have a tax rate parity across all kinds of companies within the same industry," said Jayant Krishna, Group CEO, UKIBC.

Read: Government is not spending as much as it should be: C Rangarajan

Jayant Krishna cites the example of BRIC countries, saying that all the BRIC countries except India and a majority of OECD countries and other important financial centres like Hong Kong and Singapore have identical tax structures for domestic and foreign companies.

"While abolishing DDT is a positive step, it is recommended that the corporate tax rates for branches of foreign companies be reduced to bring them at par with domestic companies," Jayant Krishna said in a statement sent to ETV Bharat.

Krishna said foreign banks generally operate in India as a branch due to regulatory and commercial reasons and a reduction in the corporate tax rate for such branches will provide a level playing field.

"It will encourage investment by foreign entities that are keen to invest in India through a branch route," he observed.

A legacy issue

A timely resolution of two different tax rates for the corporation tax is crucial for Prime Minister Narendra Modi's bid to attract foreign investment in the country.

In 2015, then finance minister Arun Jaitley promised in his budget speech that he would bring down the Corporation Tax to 25% for domestic companies over the four next years.

Read: India, Japan ink pact to enhance cooperation in ICT

In September 2019, his successor, finance minister Nirmala Sitharaman implemented Jaitley's promise by bringing down the effective corporation tax rate to 25.17% in her bid to revive private investment to support a slowing economy.

This historic cut, however, left a wide gap between the corporation tax rate applicable to foreign firms, estimated at an effective rate of over 43%, and Indian companies subject to an effective tax rate of little over 25%.

The wide gap is being seen as an impediment in attracting foreign investment in the country, particularly following a major tax cut in the US in December 2017 that gave permanent tax breaks to Corporations to encourage them to invest in the US rather than investing in overseas markets such as India and China.

UKIBC's group chair Richard Heald urged finance minister Nirmala Sitharaman to accelerate the pace of economic reforms through the Budget announcements that would lead to enhanced investment by the British companies in India.

Read: Pandemic-hit tourism, hospitality sector looks forward for fair deal in Budget

Among other things, the UKIBC also sought 100% FDI in the defence sector under automatic route, which is capped at 74%, and also an increase in the FDI limit in the insurance sector to 74% from existing 49%.

In September last year, the Modi government had increased the FDI investment limit in the defence sector to 74% under the automatic route to encourage foreign investment.

New Delhi: As the date of presentation of the Union budget for the next year draws close, foreign industry chambers have once again raised the issue of two different tax rates for foreign companies and Indian companies, saying a high corporate tax rate levied on foreign firms puts them at a disadvantage.

The UK-India Business Council (UKIBC), an industry body that works to promote trade and commerce between India and the UK, urged the government to bring parity in the corporate tax rates between foreign and domestic companies.

The reduction in the corporate tax rate for domestic companies coupled with the abolition of Dividend Distribution Tax (DDT) creates a significant disparity between the effective tax rates applicable to foreign companies and domestic companies, the UK-IBC said in its representation made to the finance minister Nirmala Sitharaman.

According to industry calculations, the effective tax rate on foreign firms turns out to be 43.68% vis-à-vis 25.17% for Indian companies.

UKIBC said the manner of computation of profits for domestic companies and non-residents operating in India under a branch route is ordinarily identical except for certain restrictions imposed on branches of foreign banks.

"Globally, the general practice is to have a tax rate parity across all kinds of companies within the same industry," said Jayant Krishna, Group CEO, UKIBC.

Read: Government is not spending as much as it should be: C Rangarajan

Jayant Krishna cites the example of BRIC countries, saying that all the BRIC countries except India and a majority of OECD countries and other important financial centres like Hong Kong and Singapore have identical tax structures for domestic and foreign companies.

"While abolishing DDT is a positive step, it is recommended that the corporate tax rates for branches of foreign companies be reduced to bring them at par with domestic companies," Jayant Krishna said in a statement sent to ETV Bharat.

Krishna said foreign banks generally operate in India as a branch due to regulatory and commercial reasons and a reduction in the corporate tax rate for such branches will provide a level playing field.

"It will encourage investment by foreign entities that are keen to invest in India through a branch route," he observed.

A legacy issue

A timely resolution of two different tax rates for the corporation tax is crucial for Prime Minister Narendra Modi's bid to attract foreign investment in the country.

In 2015, then finance minister Arun Jaitley promised in his budget speech that he would bring down the Corporation Tax to 25% for domestic companies over the four next years.

Read: India, Japan ink pact to enhance cooperation in ICT

In September 2019, his successor, finance minister Nirmala Sitharaman implemented Jaitley's promise by bringing down the effective corporation tax rate to 25.17% in her bid to revive private investment to support a slowing economy.

This historic cut, however, left a wide gap between the corporation tax rate applicable to foreign firms, estimated at an effective rate of over 43%, and Indian companies subject to an effective tax rate of little over 25%.

The wide gap is being seen as an impediment in attracting foreign investment in the country, particularly following a major tax cut in the US in December 2017 that gave permanent tax breaks to Corporations to encourage them to invest in the US rather than investing in overseas markets such as India and China.

UKIBC's group chair Richard Heald urged finance minister Nirmala Sitharaman to accelerate the pace of economic reforms through the Budget announcements that would lead to enhanced investment by the British companies in India.

Read: Pandemic-hit tourism, hospitality sector looks forward for fair deal in Budget

Among other things, the UKIBC also sought 100% FDI in the defence sector under automatic route, which is capped at 74%, and also an increase in the FDI limit in the insurance sector to 74% from existing 49%.

In September last year, the Modi government had increased the FDI investment limit in the defence sector to 74% under the automatic route to encourage foreign investment.

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