Skip to main content

Cos Remitting Pay Overseas to Parent may Face FEMA Heat

Service tax authorities refer matter to RBI, enforcement directorate
Multinationals that have challenged service tax levies on salaries paid overseas to expats employed in India may be faced with a more fearsome challenge -scrutiny under the Foreign Exchange Management Act (FEMA), which deals with forex violations. Remitting the salary of anyone employed in India by an entity in the country in foreign currency is not permitted under FEMA, said an official. Service tax authorities have already referred the matter to the Reserve Bank of India and the Enforcement Directorate (ED), the person said.
Tax authorities contend that companies may have not declared payments as salaries to their employees in the country while seeking permission from RBI before making fund transfers. ā€œAuthorities need to ascertain how these transfers are being made,ā€œ said the official cited above.
Typically, companies that employ expats pay a part of the salary in India while the rest is paid by the overseas parent. This money is then reimbursed by the Indian arm to the parent.
Tax authorities, after closely scrutinising payments made to foreign parent companies, had argued that they were liable to service tax on this as these were in the category of `manpower supply services'. A taxable service was being rendered by a foreign company to an Indian company. Service tax was levied on the payment made to the foreign parent by the Indian arm, since it was regarded as import of service under the reverse charge mechanism.
Show-cause notices were issued to a number of companies by the audit wing of the service tax department. The companies contested this, arguing that these were payments to their own employees for work in India. This argument of theirs has raised red flags.
Tax experts said the matter needs to be explained as India is keen to attract foreign capital and needs expertise in many sectors.
ā€œWe need clarity in law as secondment of employees is a popular practice among MNCs,ā€œ said Bipin Sapra, partner at EY. He said some judicial pronouncements had in fact given relief to companies on levy of service tax.
With a number of foreign investors setting up base in the country, India has become an attractive destination for expat postings. A 2014 HSBC survey said sectors such as telecommunications, information technology and Internet accounted for 21% of total expats, followed by construction and engineering at 19%.
The Economic Times New Delhi,21st April 2016

Comments

Popular posts from this blog

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...