Mauritius is set to lose its sheen as a conduit for investments
into India with both countries modifying their double taxation avoidance pact
as part of efforts to clamp down on treaty abuse.
The two countries on Tuesday signed a protocol at Port Louis to
amend the Double Taxation Avoidance Agreement (DTAA), under which capital gains
earned by a Mauritian entity will be taxable in India at the full domestic tax
rate from financial year 2019-20 onwards.
What the protocol says
The protocol confers New Delhi with taxation rights on capital gains arising on the sale of shares acquired on or after April 1, 2017, in a company resident in India. This is effective from financial year 2017-18.
The protocol confers New Delhi with taxation rights on capital gains arising on the sale of shares acquired on or after April 1, 2017, in a company resident in India. This is effective from financial year 2017-18.
The protocol also provides for a ‘limitation of benefit’ clause
for the transition period (April 1, 2017 to March 31, 2019), during which the
capital gains tax rate will be 50 per cent of the normal rate.
With this, Mauritius will lose its edge as a popular
jurisdiction for routing investments into India. Mauritius currently has ‘nil’
tax rate on capital gains.
Simply put, under the amended treaty, the right to tax capital
gains will be available to the country where the income arose. With this, both
countries are now moving into a source-based taxation of capital gains from the
adopted residence-based taxation methodology for capital gains taxation.
Revenue Secretary Hasmukh Adhia said: “The treaty amendment
brings about a certainty in taxation matters for foreign investors. It
reinforces India's commitment to OECD-BEPS (Base Erosion of Profit Sharing)
initiative to stop ‘double non-taxation’ enjoyed by companies.”
He also said that capital gains on shares for Singapore can also
now become source-based due to the direct linkage of the Singapore DTAA Clause
with the Mauritius DTAA.
A boost for investment
Economic Affairs Secretary Shaktikanta Das said he believed this development would lead to a surge in investment flow.
Economic Affairs Secretary Shaktikanta Das said he believed this development would lead to a surge in investment flow.
Aseem Chawla, Partner, MPC Legal, a law firm, said the inbound
investment structures being routed through Mauritius would need to be revisited
in the light of some grandfathering proposed in the latest protocol.
Amit Maheshwari, Partner, Ashok Maheshwary & Associates, a
CA firm, said that Singapore and Mauritius, the two most popular jurisdictions
for routing investments, would lose their advantage. “This is expected to
impact funds and companies from the US who used to come through
Singapore/Mauritius to avoid double taxation,” Maheshwari told BusinessLine.
Manoj Purohit, Director, Grant Thornton Advisory Private Ltd,
said: “The amendment will have a greater impact on Foreign Direct Investment
into India coming from Mauritius as well as Singapore."...source:
BusinessLIne
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Hindustan Unilever
Shares of FMCG major Hindustan Unilever ended higher by nearly 2
per cent as the company reported a 7 per cent increase in standalone net profit
for the March quarter.
The stock jumped 1.93 per cent to Rs. 862.45 on the BSE. On the
NSE, the stock was up 2.04 per cent at Rs. 862.75.
Yesterday, Hindustan Unilever had reported a 7.02 per cent
increase in standalone net profit at Rs. 1,089.59 crore for the three months to
March, after witnessing decline in the previous two quarters.
The company had posted a net profit of Rs. 1,018.08 crore in
January-March quarter of the preceding fiscal, HUL said in a statement.
Net sales during the quarter under review were Rs. 7,809.40
crore, up 3.36 per cent, against Rs. 7,555.00 crore in the year-ago period.
For entire 2015-16 fiscal, HUL’s consolidated net profit was
down 6.43 per cent to Rs. 4,082.42 crore against Rs. 4,363.08 crore last
fiscal.
Consolidated net sales increased 4.11 per cent to Rs. 32,482.72
crore from Rs. 31,199.72 crore.
Tata Steel
Tata Steel shares ended the session down by 0.33 per cent at Rs.
327.95 on the BSE.
Earlier, the stock rose as much as 2.6 per cent to the highest
since May 4 as the company has shortlisted bids for UK assets.
Tata Steel Europe had said on Monday it had taken seven
expressions of interest for UK assets to the next stage of sale process.
JSW Steel is among the bidders shortlisted, according to media
reports, citing a person close to the development.
JSW Steel shares were down 2.92 per cent.
*** *** ***
World stock markets rose on Tuesday, helped by some solid corporate earnings in
Europe and a new pledge by Japan that it was prepared to step in to weaken its
yen currency.
The MSCI All-Country World index climbed 0.4 per cent, the
pan-European FTSEurofirst 300 index advanced 1.2 per cent, while the MSCI
Emerging Market index also edged higher.
European stock markets built on positive momentum from earlier
on in Japan, where the Nikkei rose 2.2 per cent after Japan’s Finance Minister Taro
Aso reiterated his resolve to intervene in the currency market if the yen’s
gains last long enough to hurt Japan's fragile economic recovery.
Aso’s comments sent the yen down to its lowest level in almost
two weeks against the dollar, and also reinforced the backdrop of central banks
around the world looking for ways to boost the global economy.
Lex Van Dam, hedge fund manager at Hampstead Capital, said that
record low interest rates from the European Central Bank (ECB) meant equities
still offered more attractive returns than cash or bonds.
“Rates are not going anywhere, so buying any dips on the stock
market might still be the best strategy,” he said.
European equities were also propped up by some decent corporate
results in the region.
Shares in Credit Suisse rose after the Swiss bank reported a
smaller-than-expected first quarter loss, while jewellery maker Pandora surged
after posting higher profits and raising its financial outlook.
Greek shares also rose after euro zone finance ministers offered
to grant Greece some debt relief, with the move also causing Greece’s 10-year
bond yields to fall below 8 per cent for the first time in more than six
months.
The offer appears to be a compromise between Germany, which does
not believe Greece needs additional debt relief, and the International Monetary
Fund, which insists it is necessary, and will be fleshed out by deputy finance
ministers by May 24.
“At the very least it appears the gap between the IMF and the
Germans appears to be narrowing and that has been very well received by
investors,” said Nick Stamenkovic, bond strategist at RIA Capital Markets.
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