India’s law on taxation of Indirect Transfer of assets remains a critical factor for multinational enterprises (MNEs) and international investors. While the retrospective tax demands from historic cases like Vodafone and Cairn were nullified in 2021, the core provision taxing foreign share transfers deriving substantial value from Indian assets still applies today. With the Supreme Court reserving judgment in Tiger Global, this issue is once again in the spotlight.
LKS will be hosting a webinar along with Burnell Chambers, UK to discuss the contentious issue of indirect transfer and provide investor perspective to crucial aspects such as application of provisions of indirect transfer in treaty context post introduction of principal purpose test (‘PPT’). This webinar will offer an essential, in-depth analysis of this ongoing legal landscape, equipping you with the knowledge to navigate compliance, mitigate risks, and execute effective structuring and restructuring of your cross-border investments under the current law.
Key Discussion Points
Gain clarity on the most pressing issues impacting international transactions through this focused agenda:
- Overview of Indirect Transfer Tax in India: Analysis the concept and evolution of indirect transfer provisions under Indian domestic law and their significance for global investors.
- Treaty Practices and Relief: The role of tax treaties in mitigating indirect transfer tax, analysis of key treaty provisions, and interaction with GAAR and MLI Implications.
- Judicial Precedents: Review of landmark Indian judgments (e.g., Vodafone) and analysis of international jurisprudence and emerging trends post enactment of GAAR.
- Restructuring Options and Potential Triggers: Examination of common international restructuring scenarios, offshore transactions, and case studies highlighting potential tax exposures.
Q&A and Closing: Interactive session addressing participant queries, followed by key takeaways and references.
Speakers
Mr. Karanjot Singh Khurana, Partner, LKS
Mr. Gaurav Sachanandani, Barrister, Burnell Chambers