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Q8·GS Paper 1 · Prelims 2022

Definition of indirect transfers in taxation

EconomyFiscal Policy, Taxation & BudgetFactual singleMediumCurrent-affairs-linked

Question

Which one of the following situations best reflects "Indirect Transfers" often talked about in media recently with reference to India?

Options

a

An Indian company investing in a foreign enterprise and paying taxes to the foreign country on the profits arising out of its investment

b

A foreign company investing in India and paying taxes to the country of its base on the profits arising out of its investment

c

An Indian company purchases tangible assets in a foreign country and sells such assets after their value increases and transfers the proceeds to India

d

A foreign company transfers shares and such shares derive their substantial value from assets located in India

Answer

Explanation

The concept of "Indirect Transfers" (famously central to the Vodafone taxation case) occurs when a foreign entity transfers shares of a foreign company, but those shares derive their core, substantial value from underlying assets physically located within India. This structure previously allowed corporations to evade taxes, prompting India to amend its laws to tax the capital gains from such offshore transactions.

"Indirect Transfer" tax laws are designed to catch offshore shell-company transactions that essentially sell underlying domestic Indian assets.

Answer: (d).

Question details

Year

2022

Paper

GS Paper 1

Question

Q8

Subject

Economy

Sub-topic

Fiscal Policy, Taxation & Budget

Type

Factual single

Difficulty

Medium

Nature

Current-affairs-linked

Source hint

Income Tax Act 1961 / Vodafone Indirect Transfer Retro Tax Repeal 2021

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