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MNEs may have to provide global income, tax details to taxman

22 Jan 2016 Evaluate

Finance Ministry has said that the large multinational enterprises (MNEs) may be required to furnish their global incomes and taxes information to Indian tax authorities post-Budget. This step is fallout of India agreeing to Organisation for Economic Co-operation and Development (OECD’s) Action Plan on Base Erosion and Profit Shifting (BEPS) project which will enable the Indian tax administration to secure adequate information to conduct transfer pricing risk assessments effectively. Further MNEs will also be required to furnish information about which entities do business in a particular jurisdiction and the business activities each entity engages in.

After this move, all MNEs with a taxable presence in India and having annual consolidated group revenue of €750 million or equivalent in domestic currency or more would have to conform to country-by-country (CbyC) reporting requirement. CbyC reporting will require MNEs to provide aggregate information annually, in each jurisdiction where they do business, relating to the global allocation of income and taxes paid, together with other indicators of the location of economic activity within the MNE group. 

The reason OECD has made CbyC mandatory is to ensure that all relevant tax authorities have access to the same information about an MNE group’s value chain and the resulting tax consequences. From the very beginning, India has always supported BEPS and has played a leading and intensive role in the formulation of its proposals. BEPS plan seeks to tackle the problem of companies exploiting mismatches in tax rules to shift profits to low tax or no-tax jurisdictions.

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