India: New tax return forms; permanent establishment | KPMG | GLOBAL

India: New tax return forms; exploration vessels constitute permanent establishment

India: New tax return forms; permanent establishment

The KPMG member firm in India has prepared reports about the following tax developments (read more at the hyperlinks provided below).

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  • New income tax return forms: The Central Board of Direct Taxes issued a notification amending the income tax return forms for Assessment Year 2018-19. Read an April 2018 report [PDF 585 KB]
  • Vessels used for exploration of mineral oil, natural resources constitute fixed-place permanent establishment: India’s Authority for Advance Rulings ruled that the vessels engaged in seismic surveys on the high seas, in connection with the exploration of mineral oil and natural resources, and through which the applicant conducts its business, constitute a fixed-place permanent establishment (PE) in India under Article 5(1) of the India-UAE income tax treaty. The ruling concludes that it is immaterial that the period of operation was only 113 days because a PE need not be permanent or full time. Hence, the income from the PE is subject to tax in India as business income of the applicant. The case is: SeaBird Exploration FZ LLC. Read an April 2018 report [PDF 364 KB]
  • Foreign exchange, cross-border merger regulations: The Ministry of Corporate Affairs announced section 234 of the Companies/ Act, 2013 is effective from 13 April 2017 for facilitating cross-border mergers, amalgamations, or arrangements involving Indian and foreign companies. The Reserve Bank of India (RBI) announced final regulations on cross-border mergers. Read an April 2018 report [PDF 485 KB]
  • Domain name registration fees are taxable as royalty income: The Delhi Bench of the Income-tax Appellate Tribunal held that the rendering of services for domain registration is deemed to be the use of an intangible property that is similar to a trademark. Therefore, the fees received for such services are taxable as royalty income under section 9(1)(vi) of the Income-tax Act, 1961. The case is: Godaddy.com LLC. Read an April 2018 report [PDF 686 KB]

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