Non-residents will be taxed if transaction value exceeds Rs 2 cr


Subhash Narayan

New Delhi, May 6 (IANS): Non-residents undertaking transactions with Indian parties will trigger taxability under the domestic law in India even if they do not have physical presence in the country and operate digitised businesses.

The Central Board of Direct Taxes has notified new rules for operation of business by non-residents under which any transaction over Rs 2 crore (apex $27,100) in respect of any goods, services or property carried out by them with any person in India including provision of download of data or software in India, will attract tax in India.

The provisions of Significant Economic Presence (SEP) that becomes the base for taxability of non-residents in India will also apply if the number of users with whom systematic and continuous business activities are solicited (or who are engaged in interactions) exceeds 3 lakhs.

The provisions of Significant Economic Presence (SEP) were introduced in the legislation in 2018 with an intent to tax non-residents operating digitised businesses which function without a physical presence. It meant that SEP of a non-resident in India shall constitute a 'business connection' in India.

These provisions were further amended vide Finance Act, 2020 which defined SEP as transaction in respect of any goods, services or property carried out by a non-resident with any person in India including provision of download of data or software in India, if the aggregate of payments arising from such transaction or transactions during the year exceeds a threshold or systematic and continuous soliciting of business activities or engaging in interaction with a defined number of users in India.

The new provisions are applicable with effect from Financial Year 2021-22. It had become fully functional now with CBDT notifying the thresholds for triggering SEP and consequently tax liability in India.

According to PwC, the Central government has now made it clear that economic presence in India by non-residents is not limited only to the physical presence in India but also includes a virtual establishment. But non-residents could offset the taxability under these provisions by exploring taking relief under Double Taxation Avoidance Agreements.

 

  

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Comment on this article

  • Roshan, Mangalore

    Sun, May 09 2021

    If uneducated are given power this will happen, what good this govt has done to residents and non residents, they sell all to tow AA s and Loss is pushed on hard working crowd , unemployment increase like anything and employed abroad are also looted May God save us from such ignorant rulers FM is a puppet of the chief and a certified fool

    DisAgree Agree Reply Report Abuse

  • tds, Mangalore

    Thu, May 06 2021

    What about money spent on statues??

    DisAgree Agree [12] Reply Report Abuse

  • Veer, Nagpur

    Thu, May 06 2021

    It’s a loss business to do business with india in rupees as rupee keeps on depreciating and whatever profit/gain achieved just vanishes. For residents it’s attacked by ever increasing inflation. It’s a zero sum game and sometimes -ve sum game.

    DisAgree [1] Agree [11] Reply Report Abuse

  • Narendra Kumar, Mangalore

    Fri, May 07 2021

    I fully agree on this with you. And from last 3 to 4 years Indian working class... be it middle class or lower middle class or even the labour class is losing money in Banks, Post Office Savings Schemes, or P.F Or PPF. The earnings(savings) are meagre doesn't take care of Inflation at all which the RBI says it is @4.5% ...but in actual reality the Inflation is hovering anywhere between @6.5% to @8%. So Modi has systematically made Indian working class as "Bali Ka Bakra" of this class and given free hand to Adani

    DisAgree Agree [1] Reply Report Abuse

  • HENRY MISQUIITH, India

    Thu, May 06 2021

    NRI' s Stop investing in India

    DisAgree Agree [15] Reply Report Abuse

  • Sameer, Riyadh

    Thu, May 06 2021

    Now the only thing remaining to be taxed is Oxygen. Jitna zyada saans loge...utna zyada tax. 🤣.

    DisAgree [2] Agree [27] Reply Report Abuse

  • Rehan sheikh, Brahmavar

    Thu, May 06 2021

    Already 12%GST on oxygen.

    DisAgree Agree [7] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, May 06 2021

    This Money will go to make Ambani & Adani Rich ...

    DisAgree [5] Agree [31] Reply Report Abuse

  • Maria Siqueira, Shirva - Udupi

    Thu, May 06 2021

    Wanted that in your pocket, instead, Sir?

    DisAgree [8] Agree [2] Reply Report Abuse


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