India, Kazakhstan Sign Protocol on Double Taxation

India and Kazakhstan signed in New Delhi today a Protocol to amend the existing Double Taxation Avoidance Convention (DTAC) between the two countries, renewing the earlier pact signed on 9th December, 1996 for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income.

The new protocol provides for internationally accepted standards for effective exchange of information on tax matters. Further, the information received from Kazakhstan for tax purposes can be shared with other law enforcement agencies with authorisation of the competent authority of Kazakhstan and vice versa.

The Protocol this time included a Limitation of Benefits clause, to provide a main purpose test to prevent misuse of the DTAC and to allow application of domestic law and measures against tax avoidance or evasion.

It provides for specific provisions to facilitate relieving of economic double taxation in transfer pricing cases, which is considered a taxpayer-friendly measure and in line with the Base Erosion and Profit Shifting (BEPS) Action Plan to meet the minimum standard of providing Mutual Agreement Procedure (MAP) access in transfer pricing cases.

The bilateral Protocol inserts service PE provisions with a threshold and also provides that the profits to be attributed to PE will be determined on the basis of apportionment of total profits of the enterprise.

The new Protocol replaces existing Article on Assistance in Collection of Taxes with a new Article to align it with international standards, said a statement from the Finance Ministry.

Festival of India in Cambodia Next Week

A Festival of India is being organized in Cambodia from 10th January to 16th February, 2017 featuring  Ramayana Performance, Rajasthani Folk Music and Dance Group (Manganiyar Group) and Classical Dance.

A Buddhist Mahotsav – Exhibition titled Dhamma Darshana – to explore the life, teachings and important events connected with Lord Buddha and Photo Exhibition on Buddhist religious/heritage sites in India will also be organized, said a statement.

To complete the experience, a Food Festival will also be held and the Festival events are being showcased in three cities of Phnom Penh, Siem Reap and Battambang in Cambodia.

Cambodia is among the four Souteast Asian nations — Cambodia, Laos, Myanmar and Vietnam — (CLMV Region) where India is keen to increase its economic presence and a Project Development Fund (PDF) with a corpus of Rs 500 Crore was set up last year by the government.

These four nations offer a gateway for market access to China/EU and other markets due to various trade agreements for India. The key advantage of positioning India on the regional value chains is securing on a long term basis, a dedicated market for Indian raw materials and intermediate goods besides a dedicated source for inputs and raw materials for Indian industry.

While opportunities are a plenty in CLMV region, Indian entrepreneurs’ endeavors in these countries have, thus far, been limited due to limited information, infrastructure and other contingent risks. The fund is created to benefit India’s industrial community for business expansion, and to maintain cost competitive supply chains, besides integrating with global production networks.