Cross border taxation laws require interpretation and understanding of global trade, macro-economic policies and specifically, the domestic and international taxation laws of the participating jurisdictions. International taxation laws derive their positions and interpretations from respective jurisdictional laws, rules, regulations and global prescriptive offerings from OECD, UN etc.
Our intense research based team offers the following deep and focussed solutions on International Taxation.
Determining Arm’s Length Price or the most appropriate pricing policy on related party transactions be it cross border or domestic has led to serious tax consequences globally. India, is one of the largest contributors to global transfer pricing litigation and in many ways leads the way in creating newer pastures for the Revenue authorities globally. DVS has been at the forefront on transfer pricing policy and practice with some of our research publications becoming national best sellers in the category.
Our team of specialists led by our managing partner, focus on understanding and framing appropriate transfer pricing policies for our clients globally. At DVS, our strong litigation background facilitates both framing and defending transfer pricing assessments across appellate forums.
Cross border taxation has grown leaps and bounds in terms of its complexity and litigation thanks to ever-evolving business models and emergence of virtual market place without boundaries. India, being one of the fastest growing economies, has its own set of challenges in grappling with this change and has been consistently evolving the cross border tax and regulatory landscape. India has signed more than 130 agreements globally including 90+ DTAAs to eliminate double taxation. However with the advent of Multi Lateral Instruments (MLI), interpretations on cross border transactions are bound get complex.
DVS, with its core focus on International Tax is placed better than most in the industry to understand, interpret and more importantly forecast issues on the subject. Our extensive research work in this area is a testimony to our knowledge repository and ability. We work closely with the regulators to understand the spirit of the regulations and ensure our clients stay ahead of their obligations. Our team of lawyers and former bureaucrats ensure that assessments and litigations are handled in the most efficient manner possible.
Foreign Exchange Management Act (FEMA) and International Taxation are two complementary legislations which need to be simultaneously applied for every international transaction. FEMA regulates the flow of foreign currency into and from India and is regulated by the Reserve Bank of India. Every international transactions need to fulfill its statutory obligations under both Income Tax Act and FEMA apart from other allied laws. Penalties under FEMA are heavy and the process to regularise violations are evolving and arduous.
Our deep complementary research on FEMA coupled with our expertise on International Taxation makes it a “must have” for clients dealing in cross border transactions. Our research teams have conducted extensive work on the Act and various regulations of FEMA to ensure that our clients stay ahead of their regulatory obligations.
Multilateral Instruments (MLI) is the latest development in the field of International Taxation globally. The concept was introduced consequent to the OECD report on Base Erosion and Profit Shifting (BEPS) project. India accepted the MLI regime and has ratified the same effective 1st of October 2019. Beginning this date, all the Double Tax Avoidance Agreements (DTAAs) shall be read along side the MLI positions of India and the counter-party State. MLI regime is an evolving regime and all jurisdictions globally are grappling to cope with it. At the transaction level, MLI provisions affect every cross border transaction happening in an MLI signatory jurisdiction (more 110 countries are signatories to this regime as at 2019).
We at DVS have performed one of the most comprehensive research exercises on MLI globally by any independent tax firm of our size, and a significant part of the research work is available on our website. Our team is advantageously positioned to understand the implications of MLI and harmoniously interpreting it with the counter-party position to facilitate our clients to seamlessly handle cross border transactions under this regime.
Multinational enterprises (MNE) of all sizes require to get their Global related party engagement framework i.e their global tax or transfer pricing policy in place, to ensure both domestic and cross border taxation approach is communicated with clarity to all their jurisdictional offices and stakeholders.
Further, having a global transfer pricing policy improves the credibility with regulators and can also be a strong basis for engaging in Mutual Agreement Procedure under DTAA / MLI or getting bilateral Advance Pricing Agreements (APAs) approved.
At DVS, we work closely with the regulators and institutions to facilitate the framing of a clear and efficient global tax and transfer pricing policy which acts as the basis for engaging transparently with associated enterprises and regulators globally.
Electronic assessments have become a reality in India and with the Government focussed on eliminating personal hearings, the entire national landscape has become flat and geographic agnostic. Assessments are entirely about appropriately presenting facts within the framework of legislative intent. Apart from assessments, our teams work on alternative dispute resolution mechanisms like rectification, revisions or applications to Dispute Resolution Panels to ensure faster and economic resolution of issues. Further, we work with our clients to formulate strategies to minimise cross border transaction disputes using options like Advance Pricing Agreements, Safe Harbour etc.
Our team of specialists, including retired Revenue officials, lawyers and chartered accountants, are well placed to systematically handle e-assessments throughout India. Our focussed research team ensures that our assessment and litigation professionals are armed with the current and appropriate legal jurisprudence to defend assessments and litigations.
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