Indian tax law

The Tiger Loses Its Stripes? India’s Proposed Retroactive Tax on Offshore Takeovers May Diminish Its Aura As an Attractive Destination for Foreign Investors

On March 16, 2012, Pranab Mukherjee, the Indian Finance minister, proposed a retroactive amendment to India’s tax laws[1], which would allow the Indian government to impose a capital gains tax on the indirect sale of Indian assets among non-Indian entities. The proposed retroactive tax is an effort to shore up India’s fiscal budgetary woes and would allow the government to tax “offshore” transactions dating back to 1962.[2] Unsettlingly, the proposal is also a direct rebuke of the Supreme Court of India’s judgment issued in Vodafone International Holdings B.V. v. Union of India & Anr., holding that the Indian taxing authority did not have the power to tax the sale of a holding company incorporated outside of India [...]

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