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Why Grant Thornton
Whether you’re growing in one market or many, looking to operate more effectively, managing risk and regulation, or realising stakeholder value, our firms can help.
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Culture and experience
Grant Thornton’s culture is one of our most valuable assets and has steered us in the right direction for more than 100 years.
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Global scale and capability
Beyond global scale, we embrace what makes each market unique, local understanding on a global scale.
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Join our network
In a world that wants more options for high quality services, we differentiate in the market to grow sustainably in today’s rapidly changing environment.
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Leadership governance and quality
Grant Thornton International Ltd acts as the coordinating entity for member firms in the network with a focus on areas such as strategy, risk, quality monitoring and brand.
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Africa
24 member firms supporting your business.
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Americas
31 member firms, covering 44 markets and over 20,000 people.
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Asia-Pacific
19 member firms with nearly 25,000 people to support you.
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Europe
53 member firms supporting your business.
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Middle East
8 member firms supporting your business.
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Business consulting services
Our business consulting services can help you improve your operational performance and productivity, adding value throughout your growth life cycle.
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Business process solutions
We can help you identify, understand and manage potential risks to safeguard your business and comply with regulatory requirements.
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Business risk services
The relationship between a company and its auditor has changed. Organisations must understand and manage risk and seek an appropriate balance between risk and opportunities.
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Cybersecurity
As organisations become increasingly dependent on digital technology, the opportunities for cyber criminals continue to grow.
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Forensic services
At Grant Thornton, we have a wealth of knowledge in forensic services and can support you with issues such as dispute resolution, fraud and insurance claims.
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Mergers and acquisitions
We work with entrepreneurial businesses in the mid-market to help them assess the true commercial potential of their planned acquisition and understand how the purchase might serve their longer-term strategic goals.
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Recovery and reorganisation
Workable solutions to maximise your value and deliver sustainable recovery.
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Transactional advisory services
We can support you throughout the transaction process – helping achieve the best possible outcome at the point of the transaction and in the longer term.
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Valuations
We provide a wide range of services to recovery and reorganisation professionals, companies and their stakeholders.
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IFRS
At Grant Thornton, our IFRS advisers can help you navigate the complexity of financial reporting from IFRS 1 to IFRS 17 and IAS 1 to IAS 41.
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Audit quality monitoring
Having a robust process of quality control is one of the most effective ways to guarantee we deliver high-quality services to our clients.
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Global audit technology
Our global assurance technology platform provides the ability to conduct client acceptance, consultations and all assurance and other attestation engagements.
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Corporate and business tax
Our trusted teams can prepare corporate tax files and ruling requests, support you with deferrals, accounting procedures and legitimate tax benefits.
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Direct international tax
Our teams have in-depth knowledge of the relationship between domestic and international tax laws.
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Global mobility services
Through our global organisation of member firms, we support both companies and individuals, providing insightful solutions to minimise the tax burden for both parties.
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Indirect international tax
Using our finely tuned local knowledge, teams from our global organisation of member firms help you understand and comply with often complex and time-consuming regulations.
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Transfer pricing
The laws surrounding transfer pricing are becoming ever more complex, as tax affairs of multinational companies are facing scrutiny from media, regulators and the public
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Africa tax desk
A differentiating solution adapted to the context of your investments in Africa.
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Banking Holding banking to account: the real diversity and inclusion pictureWe explore how the banking sector can continue to attract, retain and nurture women to build a more diverse and inclusive future.
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Sustainability From voluntary to mandatory ESG: How banks can future-proof their operationsAs we move from voluntary ESG initiatives to mandatory legislation, we explore what the banking sector needs to prioritise.
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IFRS IFRS 9 - Audit of Expected Credit LossesGPPC releases The Auditor’s response to the risks of material misstatement posed by estimates of expected credit losses under IFRS 9
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growthiQ Steering your company to long-term successHistory has something important to tell us about the difficulties of steering a business to long-term success – through seismic shifts in technology, consumer demands and product development. With that in mind it’s unsurprising that over half the world’s largest companies in the early 1900s had shut their doors by the late 1990s. Some, however, have endured.
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International Financial Reporting Standards Implementation of IFRS 17 ‘Insurance Contracts’The auditor’s response to the risks of material misstatement arising from estimates made in applying IFRS 17 ‘Insurance Contracts’
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IFRS Get ready for IFRS 17After twenty years of development the IASB has published IFRS 17 ‘Insurance Contracts’, find out more.
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Global business pulse - industry analysis Mid-market recovery spreads to more industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - industry analysis A very uneven recovery across industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - Sector analysis Clear patterns of damage from COVID-19 across the industriesThe index results for 12 key sectors of the mid-market reveal just how much or little the various parts of the economy were impacted by COVID-19.
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Not for profit Mission: possible – putting impact at the heart of charityGlobal charitable continues to decline and charity leaders are increasingly looking at their own unique impact journey.
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Access to finance Raise finance to invest in changePrepare your business to raise finance to invest in change.
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Private equity firms Private equity in the mid-market: reshaping strategies for 2021When the global COVID-19 pandemic stormed across the globe in early 2020, the private equity sector was hit hard but deals are coming back to the market.
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Mid-market businesses Getting ready for private equity investmentOur specialists explore how private equity firms are now working with their portfolios and how the mid-market can benefit from investment.
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Mid-market businesses Myth-busting private equityNervous about partnering with Private Equity? We explore some of the common myths we come across when speaking to mid-market businesses about PE investment.
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Public sector Helping build the government of tomorrow, todayLearn about the Grant Thornton US public sector team.
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Global business pulse - industry analysis Mid-market recovery spreads to more industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - industry analysis A very uneven recovery across industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - Sector analysis Clear patterns of damage from COVID-19 across the industriesThe index results for 12 key sectors of the mid-market reveal just how much or little the various parts of the economy were impacted by COVID-19.
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Industries European Real Estate PodcastJessica Patel, Tax Partner at Grant Thornton UK speaks with tax partners and directors across the network to share their insights on the real estate market and some of the challenges.
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Industries European Real Estate PodcastJessica Patel, Tax Partner at Grant Thornton UK speaks with tax partners and directors across the network to share their insights on the real estate market and some of the challenges.
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Global business pulse - industry analysis Mid-market recovery spreads to more industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - industry analysis A very uneven recovery across industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - industry analysis Mid-market recovery spreads to more industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Global business pulse - industry analysis A very uneven recovery across industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Retail How retail is positioning for successCOVID-19 provided some hard lessons for the retail industry. It is time to turn those into sustainable and well executed growth strategies in 2021.
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Telecoms Can tech and telecom leverage economic headwindsAs most businesses brace for an economic downturn, tech and telecom could see new prospects. But, to turn the headwinds to your advantage, you need to find your unique opportunities and risks.
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Technology Mid-market tech companies lead the way on diversity and inclusionWe explore how the mid-market tech sector can continue to build and nurture a culture that’s increasingly more diverse and inclusive for women.
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Technology Responding to slowing growth: why the tech industry faces a more challenging outlook in 2022We spoke to tech experts about industry trends that could affect companies over the next 12 months and what their short-term strategic priorities should be.
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Tax Resetting global tax rules after the pandemicBusinesses are seeing rising challenges, and finance heads are dealing with a range of new measures. To say the next 12 months are critical for businesses is an understatement.
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Telecoms Can tech and telecom leverage economic headwindsAs most businesses brace for an economic downturn, tech and telecom could see new prospects. But, to turn the headwinds to your advantage, you need to find your unique opportunities and risks.
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TMT TMT industry: Fully charged or on standby?Our research revealed five key trends that resonated with Technology, Media and Telecoms (TMT) industry leaders around the world. We asked a panel of our experts from UK, US, India Ireland and Germany, to give us their reaction to the findings.
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Cybersecurity One size fits nothingTechnology companies must adopt a new approach to digital risk: those that successfully develop a reputation for digital trust by demonstrating an unwavering commitment to cyber security and data privacy will be able to carve out a competitive advantage.
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Technology, media & telecommunications Why it’s time for a 5G reality checkFigures suggest the mobile sector is maturing. While data usage continues to soar, mobile revenues are expected to flatten out over the next few years.
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International business Mid-market businesses lifted by rising tide of optimismOptimism among global mid-market business leaders rose to 67% in the first half of this year and they are markedly more optimistic about their prospects with global optimism having increased by 8%.
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Global business pulse - industry analysis Mid-market recovery spreads to more industriesThe index results for 13 key industries of the mid-market reveals a very uneven recovery from COVID-19
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Hotels COVID-19: Checking in with the hotel industry one year onCOVID-19 provided some hard lessons for the hotel sector. It is time to turn those into sustainable and well executed growth strategies.
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- By topic
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Women in Business 2024
2024 marks the 20th year of monitoring and measuring the proportion of women occupying senior management roles around the world.
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COP28: Mid-market firms should seize the opportunity from adaption and innovation
COP28 was the first time there has been a global stocktake on progress against the Paris Agreement.
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Scanning the horizon: Mid-market sets sights on global trade growth
The latest International Business Report (IBR) data shows that mid-market businesses have high expectations for global trade.
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Mid-market businesses less optimistic, despite record numbers expecting increased profitability
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Women in tech: A pathway to gender balance in top tech roles
Grant Thornton’s 2024 Women in Business data suggests we are far from achieving parity within the mid-market technology sector.
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Women in leadership: a pathway to better performance
What makes the benefits of gender parity compelling is the impact it can have on commercial performance.
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Women in Business 2024
2024 marks the 20th year of monitoring and measuring the proportion of women occupying senior management roles around the world.
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Women in business: Regional picture
We saw an increase in the percentage of senior management roles held by women, on a global level, but there are some significant regional and country variations.
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Pathways to Parity: Leading the way
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COP28: Mid-market firms should seize the opportunity from adaption and innovation
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Promoting ESG excellence through tax
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International business: Mid-market growth and expansion
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Top five constraints to international business in the mid-market
Top five major constraints that are testing the mid-market’s ability to grow their businesses internationally.
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Brand and international marketing – breaking global barriers
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The key to international business: Investing in people
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Building resilience in international business
Evolving supply chains and trade patterns amid ongoing global uncertainty.
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IFRS Alerts
IFRS Alerts covering the latest changes published by the International Accounting Standards Board (IASB).
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Example Financial Statements
General guidance for preparers of financial statements that supports the commitment to high quality, consistent application of IFRS.
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Insights into IFRS 2
Insights into IFRS 2 summarises the key areas of the Standard, highlighting aspects that are more difficult to interpret and revisiting the most relevant features that could impact your business.
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IFRS 3
Mergers and acquisitions are becoming more common as entities aim to achieve their growth objectives. IFRS 3 ‘Business Combinations’ contains the requirements for these transactions.
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IFRS 8
Our ‘Insights into IFRS 8’ series considers some key implementation issues and includes interpretational guidance in certain problematic areas.
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IFRS 16
Are you ready for IFRS 16? This series of insights will help you prepare.
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IAS 36
Insights into IAS 36 provides assistance for preparers of financial statements and help where confusion has been seen in practice.
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IFRS 17
Explaining the key features of the Standard and providing insights into its application and impact.
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Pillar 2
Key updates and support for the global implementation of Pillar 2.
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Global expatriate tax guide
Growing businesses that send their greatest assets – their people – overseas to work can face certain tax burdens, our global guide highlights the common tax rates and issues.
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International indirect tax guide
Navigating the global VAT, GST and sales tax landscape.
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Global transfer pricing guide
Helping you easily find everything you need to know about the rules and regulations regarding transfer pricing and Country by Country reporting for every country you do business with.
Please click on each section to expand further:
- The Transfer Pricing (TP) Regulations were introduced in India in the year 2001, in order to prevent erosion of Indian tax base. The Indian TP Regulations are contained in Chapter X of the Income-tax Act, 1961 (“the Act”) under the title “Special Provisions relating to avoidance of tax”.
- Over the past two decades the regulations have evolved in order to catchup with both global and local developments. Introduction of the domestic transfer pricing regime and the Advance Pricing Agreement programme in 2012, the Safe Harbour rules in 2013, the framework for use of multiple year data and range concept in benchmarking analysis, three tier TP documentation structure as per BEPS (Base Erosion and Profit Shifting) Action Plan 13 in 2016, Secondary adjustment provisions and limiting interest deduction for thinly capitalized companies in 2017 are examples of evolution in the Indian TP Regime.
- The Indian TP Regulations recognize the “arm’s length principle” and require income from an international transaction/specified domestic transaction to be computed having regard to the arm’s length price.
- India is not a member of the OECD. However, India is a key partner country that actively participates in various committees, workshops and working groups of the OECD. The OECD and India have enhanced their co-operation in dealing with issues related to transfer pricing and to promote better tax compliance in order to improve the prevention of cross border disputes. As part of the G-20 group, India has played an active role in the OECD’s project for prevention of Base Erosion and Profit Shifting (BEPS) and is committed to the outcomes of the BEPS project.
- Indian TP Regulations do not make a mention of the OECD TP Guidelines (updated in January 2022). However, the TP legislation in India is broadly based on the OECD TP Guidelines including the contents of the three-tier TP documentation structure, transfer pricing methods etc. Both the taxpayers and the Revenue authorities have placed reliance on the OECD TP guidelines especially in cases where guidance is not available under the domestic legislation. Similarly, the principles laid down in the OECD TP guidelines have been relied upon in several judicial rulings in India.
- The Indian TP Regulations prescribe the following six methods for determination of the arm’s length price:
- Comparable uncontrolled price method;
- Resale price method;
- Cost plus method;
- Profit Split Method;
- Transactional net margin method; and
- Other method
- The sixth method (other method) has been prescribed by the Central Board of Direct Taxes ('the CBDT') as any method which takes into account the price which has been charged or paid, or would have been charged or paid, for the same or similar uncontrolled transactions, with or between non-associated enterprises, under similar circumstances, considering all the relevant facts.
- There is no hierarchy in selection of methods and the most appropriate method can be any of the six prescribed methods.
- The Indian TP regulations do not have a self-assessment regime. The Taxpayers who have entered into international transactions (or domestic transactions of more than INR 200 million) with their Associated Entities have to obtain a report, certified from an Accountant (being an independent Chartered Accountant), in prescribed Form no. 3CEB. The Independent Chartered Accountant has to certify inter alia the nature of international/ specified domestic transactions entered into by the Taxpayer, quantum of such international/ specified domestic transactions as per the books of accounts, arm’s length value of such international/ specified domestic transactions, and the method considered to be the most appropriate method.
- Taxpayers have to electronically file the Form no. 3CEB certified by an Accountant. The due date for electronic filing of Form no. 3CEB is 31 October 2022 for the financial year ended 31 March 2022 (FY 2021-22).
*The CBDT is the apex body of the Indian Revenue department,charged with the administration of direct taxes. The functions of CBDT include setting up the structure of the revenue department, laying down policies and procedures of work, administering and laying down policies and framework for all matter of tax policy, legislation and implementation by revenue authorities, issuing directions, notifications, guidance etc.
- Mandatory TP documentation is required to be maintained by the Taxpayers where the aggregate value of international transactions with their Associated Entities exceeds INR 10 million (INR 200 million in case of domestic transactions). The documentation to be maintained is prescribed in Rule 10D of the Income-tax, Rules 1962. The prescribed documentation includes ownership structure, profile of multinational group, business description, nature and terms of international/ specified domestic transactions, functional asset & risk analysis, TP methods considered and analysis under those methods, budgets, forecasts & estimates, industry analysis and reports, any other information relevant for demonstrating the arm’s length standard of international/ specified domestic transactions.
- The TP documentation is to be maintain every year by the due date of filing Accountant’s Report in Form no. 3CEB, which is 31 October 2022 for FY 2021-22. The TP documentation is required to be submitted before the revenue authorities when information for the same is called for during the TP audits.
- With India embracing the three tier documentation standards, the taxpayers in India are also required to maintain and file master file and Country by Country reports (CbCR) (including related intimations) with the Indian Tax Authorities, if the conditions for maintenance of master file and CBC reports as prescribed under the Indian TP Regulations are met by the taxpayers.
- In accordance with its commitment to the OECD’s BEPS Action Plan, the Indian Government introduced the concept of three tier TP documentation in the year 2016.
- An entity which is part of a multinational enterprise (MNE) group is required to maintain the following group information by way of three files:
- Local file
- Master file (MF)
- Country by Country reporting or CbCR
- Local file in India is currently same as the annual TP documentation which is required to be maintained (as per Rule 10 D) if the aggregate value of international transactions with the Associated Entities exceeds INR 10 million during the relevant financial year (INR 200 million in case of domestic transactions).
- Master File (MF) is required to be electronically filed where the value of international transactions of the enterprise with its Associated Entities (AEs) exceeds INR 500 million during the relevant accounting year (INR 100 million in case of intangible related transactions) and the consolidated global turnover of the MNE group exceeds INR 5 billion. The information required to be maintained and electronically filed as part of master file in India includes names and addresses of the constituent entities in the MNE group, corporate legal chart, nature of business, key drivers of profits, supply chain description of five largest product or services, analysis of the functional performed, the assets utilised and the risks assumed (FAR analysis) of entities constituting at least 10% of the group revenues, profits or assets, group strategy for the intangibles, R&D functions, key financing arrangements, strategy for intangibles and details of transactions involving intangibles, business restructuring, copy of consolidated financial statements of the MNE group etc. The prescribed form for electronic filing of the master file is Form no. 3CEAA and it is filed by the taxpayers without any requirement of certification by an accountant. The due date for filing is 30 November 2022 for FY 2021-22.
- The contents of Indian master file are mostly in line with the OECD’s MF format barring a few differences, for example: The OECD MF requires disclosure of principle contributions to value creating activities by individual group entities, whereas, Indian MF requires disclosure of Functions, Assets and Risk (FAR) analysis of constituent entities of international group that contribute at least 10% of the revenues or assets or profits of such group.
- Country-by-Country Report (CbCR) is required to be electronically filed in India where the Ultimate Parent Entity (UPE) of the Multinational group (MNE) is resident in India or where the MNE has designated an alternate reporting entity for the purposes of filing CbCR in India. CbCR is required to be filed in India where the annual consolidated group revenue as per the consolidated financial statements of the MNE group in the immediately preceding accounting year relevant to the Indian financial year, is more than INR 64 billion. The due date for filing CbCR in the prescribed Form no. 3CEAD in India is 12 months from the end of reporting accounting year of the UPE preparing consolidated financial statements. The UPE can designate another group entity as an alternate reporting entity for the purposes of filing CbCR in India.
- CbCR filing requirements are also triggered in India if:
- the UPE of the MNE group is a resident of a country with whom India does not have an agreement for exchange of the CbCR
- the UPE of the MNE group is not obligated to file CbCR in its jurisdiction
- there has been a systematic failure on part of the UPEs jurisdiction to share information and such failure has been intimated to the Indian entity
- In India, the Assessing officer (AO) has to refer the audit of international/specified domestic transactions to a designated Transfer Pricing Officer (TPO). Earlier such reference was based on revenue’s internal guidance on monetary threshold for the value of transactions. The CBDT issued an instruction in March 2016 to the revenue authorities with a guidance on the factors (Risk criteria) to be considered in order to make a reference to the TPO. As per the guidance:
- the cases to be selected for scrutiny should be based on “TP risk parameters” either under the Computer Aided Scrutiny Selection (CASS) or under compulsory manual selection process. CBDT’s instruction in this regard does not contain what exactly are the risk factors but the same may be available to the revenue authorities internally.
- cases selected for corporate tax audits can also be selected for TP audits based on following Non TP risk parameters:
- Non filing of Form no. 3CEB or non-reporting of transactions in Form no. 3CEB
- TP adjustment of INR 100 million or more in earlier years where such adjustment is upheld by judicial authorities or is pending in an appeal
- Search, seizure or survey operations have findings relating to TP matters In India
- Various penalties under the Indian TP Regulations are as follows:
- Failure to maintain specified information/documents, failure to report transactions in Form no. 3CEB and TP documentation, maintenance of incorrect information, failure to submit information during TP audits – 2% of the value of international/domestic transaction
- Failure for filing of Form no. 3CEB – INR 0.1 million
- Underreporting or misreporting of income – 50% of tax amount in case of underreporting and 200% of tax amount in case of misreporting
- Concealment of income or furnishing inadequate particulars of income in respect of Arm’s length price (ALP) adjustments – 100% to 300% of the tax sought to be evaded
- Failure to furnish master file – INR 0.5 million
- Failure to furnish CbCR by statutory due date – INR 5,000 per day for one month, INR 15,000 per day after one month, INR 50,000 per day after the date of service of penalty order
- Penalty for failure to produce information before the prescribed authority for the purposes of filing CBC report – INR 5,000 per day for one month, INR 50,000 per day after the date of service of penalty order
- Penalties can be condoned where the taxpayer is able to demonstrate reasonable cause to support its position or delay in filings. The taxpayers can also prefer appeal before the appellate authorities against an order imposing penalty.
- The TP documentation should be robust and be supported by information which includes invoices, inter-company agreements, credit period on inter-company receivables etc. as such information is crucial during TP audits by the Revenue authorities.
- In relation to limited risk captive service providers, Indian Revenue authorities do not accept losses or low profit mark-ups.
- It is important to provide reasons for the operating losses in the TP documentation and explain such losses not having any nexus to pricing of international transactions.
- In relation to intra-group services, cost contribution arrangements, use of intangibles etc., commercial rationale test, actual receipt of service test, benefit test, no duplication test and shareholder activity cost test are to be demonstrated by the taxpayer
- Several judicial precedents uphold priority in use of internal uncontrolled comparable data over external comparable data where relevant comparability criteria are met
- Indian Revenue authorities are increasingly focusing on understanding entire value chain of the MNE Group, obtain clarity on roles played/contribution by taxpayers in such value chain of MNE Group and ascertain proper alignment of transfer pricing with value creation by taxpayers
- Transactions pertaining to intangibles (including transactions having a possibility of application of profit split method) and business restructuring are becoming the focus areas of Indian Revenue authorities
- In order to avoid the normal litigation route and have certainty on transfer prices, taxpayers can opt for alternate dispute management/avoidance mechanisms viz., Advance Pricing Agreements (APAs) and Safe Harbour (SH) provisions.
- Taxpayers can also opt for Mutual Agreement Procedure (MAP) route for resolution of past disputes.
- Taxpayers can opt for either the Advance Pricing Agreements (APA) option or the Safe Harbour (SH) option as the alternate dispute management/resolution schemes under the Indian TP Regulations. A snap shot of both the alternatives is as follows;
Advance Pricing Agreement (APA):
- The APA programme was introduced in India in the Finance Act, 2012 and ever since its utility as an alternative transfer pricing dispute prevention mechanism has increased among taxpayers. As per CBDT’s annual report for FY 2018-19 on Indian APAs, India received most number of APA applications globally after USA in FY 2018-19.
- The Indian APA programme which was introduced in the year 2012 seeks to provide certainty for 5 prospective years and has a roll back option for 4 previous years. Taxpayers can opt for unilateral, bilateral or a multilateral APA. Also, there are no thresholds on the value of international transactions for the Taxpayers to opt for APAs.
- As per CBDT’s Annual Report on Indian APA Programme released in December 2019, a total of 1,155 APA applications have been filed till FY 2018-19 which included 944 unilateral APA applications and 211 bilateral APA applications. Out of 1,155 APA applications filed 271 have been signed till FY 2018-19 (240 unilateral and 31 bilateral). Based on information available in the public domain, the total number of signed APAs increased to 421 till 31st March 2022.
Safe Harbour provisions:
- The Indian Safe harbour rules are an optional dispute avoidance mechanism that prescribe the minimum cost plus mark – up / transfer price that an eligible tax payer has to maintain in relation to eligible categories of international transactions for a specified block of financial years (FYs). The previous block of covered years was FY 2016-17, 2017-18 and 2018-19. The CBDT vide its notification dated 17th June 2022 has extended the applicability of safe harbour rules to FY 2021-22 as well.
- At present, safe harbour rules have been prescribed for the following international transactions:
- Provision of software development services*
- Provision of IT-enabled services*
- Contract R&D services relating to software development*
- Contract Research and Development services relating to generic pharmaceutical drugs*
- Granting intra group loans denominated in Indian currency and Foreign currency
- Providing corporate guarantee
- Manufacture and export of core auto components
- Manufacture and export of non-core auto components
- Availing of low value adding intra-group services+
* SH option not available if the value of international transactions exceeds INR 2 billion
+ SH option not available if the value of international transaction exceeds INR 100 million
Mutual Agreement Procedure (MAP)
- India has an extensive treaty network with other countries and access to MAP route for resolution of transfer pricing disputes is available to taxpayers under the treaty. India has published a detailed guidance on MAP in August 2020, which has been updated in June 2022, in order to implement the recommendations of BEPS Action 14 on “Making Dispute Resolution More Effective”. The guidance provides that the Indian competent authorities would endeavour to resolve disputes under MAP route within 24 months (endeavour and not a commitment).
- The Indian TP Regulations prescribe applicability criteria for various categories of documentation which are as follows:
- TP documentation/Local file is to be maintained if the aggregate value of international transactions with the Associated Entities exceeds INR 10 million (INR 200 million in case of domestic transactions)
- Master file is to be prepared and electronically filed if the aggregate value of international transactions of the enterprise with its Associated Entities exceeds INR 500 million during the relevant accounting year (INR 100 million in case of intangible related transactions) and consolidated global turnover of the MNE group exceeds INR 5 billion
- CbCR is required to be electronically filed by the ultimate parent entity of an MNE group with annual consolidated group revenue in the immediately preceding accounting year of more than INR 64 billion
Taxpayers who do not breach the applicability thresholds are not
required to maintain and file the prescribed documentation.
- Accountant’s Report in Form no. 3CEB is to be filed irrespective of the value of the international transactions and turnover (INR 200 million in case of domestic transactions). There is no exemption for filing of Form no. 3CEB.
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The India Finance Act, 2020 has widened the scope of APAs and SHs by including within their ambit, the determination of attribution of income of a non-resident to the Permanent Establishments (PE) in India. Thus, the PE in India can now obtain certainty with respect to profit attributions.
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The Secondary adjustment provisions were introduced in India in the year 2017 requiring an adjustment in the books of accounts of both the Indian taxpayer and its Associated Enterprise to reflect that the actual allocation of profits is based on the arm’s length principle. The provisions also require repatriation of excess money in the hands of the taxpayers into India within a prescribed time-limit, failing which the amount not repatriated is treated as deemed advance on which interest is charged.
In 2019, the Indian Government made amendments allowing the taxpayer to repatriate secondary adjustment from any of its Associated Enterprises and also gave an option to pay an additional tax @18% (plus 12% surcharge on tax) in case the taxpayer is not able to repatriate the money into India. -
In accordance with the recommendations of Action 14 of the BEPS Action Plan – “Making Dispute Resolution More Effective”, the CBDT issued a detailed guidance on Mutual Agreement Procedure (MAP) in August 2020 (updated in June 2022) for the benefit of taxpayers, tax authorities and competent authorities of treaty partners. The guidance covers aspects of access to and denial of MAP route, technical issues and implementation of MAP outcomes. Among other things, it has been stated in the guidance that India is committed to endeavor to resolve MAP cases within an average timeframe of 24 months.
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Addressing the challenges related to thin capitalization, the provision to limit interest deduction to 30% of EBIDTA was introduced in India in 2017 with a carry forward period of 8 years for balance interest amount. This provision applies for interest payments to the Associated Entities or any lender (to whom the AEs have provided an explicit or implicit guarantee) exceeding INR 10 million. In 2020, interest payments on loans taken from an Indian branch of a foreign bank have been excluded from the purview of the provision for limitation of interest deduction.
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Expansion of Equalisation levy (EL) coverage: From 01 April 2020, transactions of online supply of goods or provision of services by a non-resident e-commerce operator to Indian customers also attract EL @ 2%, where the value of provision of goods or services is INR 20 million or more during the relevant year.
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Faceless assessment (i.e. audits by tax authorities): The Government of India launched “Transparent Taxation – Honoring the Honest platform” in August 2020, aimed at easing tax compliance and rewarding honest taxpayers. This includes faceless assessments and appeals and the Taxpayer’s Charter.
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CBDT draft on PE attribution: In April 2019, the CBDT introduced a draft report on amendments to PE attribution rules. The report recommends use of fractional apportionment method for attribution of profits to a PE in India. The fractional apportionment proposes to take into account inter-alia the demand factor (sales in India) for determining the apportionment ratio.
- Equalization levy (EL) is an interim measure discussed in BEPS Action Plan 1 to tax digital economy. India introduced EL in Finance Act, 2016. Currently, EL is applicable in following scenarios:
- A 6% equalization levy is to be withheld by the service recipient at the time of payment to a non resident service provider where the value of payment to such service provider exceeds INR 0.1 million in a financial year. Online advertisements and provision of digital advertising space or facilities/service for the purposes of online advertisements are covered services for the purposes of equalization levy in India.
- From 01 April 2020, transactions of online supply of goods or provision of services by a non-resident e-commerce operator to Indian customers also attract EL @ 2%, where the value of provision of goods or services is INR 20 million or more during the relevant year.
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CBDT has recently placed its focus on digitising the process of revenue audits and introduced faceless assessment scheme in August 2020. However, the Indian government has now deferred the introduction of faceless assessment process for transfer pricing matters till 31st March 2024.
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CBDT is embracing various measures suggested under the BEPS Action Plan which is manifested by implementation of three tier TP documentation structure, issuance of detailed guidance on the Mutual Agreement Procedure, Equalisation levy, limitation of interest deduction rules etc.
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Taxpayers have responded very positively to CBDT’s Advance Pricing Agreement (APA) programme resulting into India having the second highest number of APAs signed after the USA.
For further information on transfer pricing in India please contact:
Fatema Hunaid |