India’s law on taxation of Indirect Transfer of assets remains a critical factor for cross-border investments by multinational enterprises (MNEs) and international investors. Post Vodafone SC judgement in 2012, the legislation of taxation of Indirect transfer provisions, GAAR and PPT tests in treaty has impacted the cross-border investments. Though the routing of investment through Mauritius was blessed in Azadi Bachao (SC) and Vodafone International (SC), but the ghost has resurfaced with the pronouncement of Tiger Global.
LKS will be hosting a webinar to discuss the contentious issue of tax avoidance v. tax planning, treaty shopping, judicial position prior to and post Tiger Global. This webinar will offer an essential, in-depth analysis of this ongoing legal landscape, equipping you with the knowledge to navigate compliance, mitigate risks, and execute effective structuring and restructuring of your cross-border investments under the current law.
Key discussion points
Gain clarity on the most pressing issues impacting international transactions through this focused agenda:
- Overview of Indirect Transfer Tax in India: Analysis of the concept and evolution of indirect transfer provisions under Indian domestic law and their significance for global investors.
- Treaty Practices and Relief: The role of tax treaties in mitigating indirect transfer tax, analysis of key treaty provisions, and interaction with GAAR and MLI Implications.
- Judicial Precedents: Review of landmark Indian judgments (e.g., Azadi Bacho, Vodafone) and analysis of international jurisprudence and emerging trends post enactment of GAAR.
- Tiger Global (SC): Analysis of judgement and impact on investments routed through treaty friendly jurisdictions
Q&A: Interactive session addressing participant queries, followed by key takeaways and references.
SPEAKERS:
V. Lakshmikumaran, Managing Partner, LKS
V. Sridharan, Senior Advocate, High Court of Bombay
