Don't Equate Singapore with Mauritius: FPIs tell Govt

Foreign portfolio investors and Singapore govt want some leeway in new tax treaty
India, which is currently looking to renegotiate its tax treaty with Singapore, has got feelers from foreign portfolio investors (FPIs) and the Singapore government to include some concessions in the agreement.

Concerned that investing in Indian equities through Singapore may become tougher if India offers the city state a tax treaty similar to the new agreement with Mauritius, the FPIs are demanding some leeway . Their main point is that unlike Mauritius, Singapore has lot of checks and balances in place and so the scope for irregularities is less when an investment is routed through the Southeast Asian country .

In an interaction with FPIs on Friday, Minister of State for Finance Jayant Sinha said in all probability, the current India-Singapore tax treaty would be renegotiated before the end of March next year. “If the tax treaty is not renegotiated, India will assume right to tax capital gains. Tax will be levied at the full rate starting from April 2017,“ Sinha told the FPIs, according to a person who attended the conference call. Sinha, along with revenue secretary Hasmukh Adhia, Rani Singh Nair from the Central Board of Direct Taxes and other senior officials discussed the matter with FPIs and their advisers on the conference call.

Many FPIs and their advisers are set to present their case in the coming week, said people close to the development. “Mauritius was only used by investors as a pass-through destination once they took the TRC (tax residence certificate). With Singapore, that is separate as there are compliance expenses,“ a tax adviser said.

Similar concerns, say people close to the matter, were raised also by the Singapore government. Singapore officials are set to meet Indian finance ministry officials in the coming week. Around 16% of the total investments in Indian equities are routed through Singapore.

While no one has yet articulated what the possible sops could be, the main focus is on taxation rate and extra time to move to a new treaty. A fund manager told Sinha that Singapore treaty could take cues from the IndiaFrance deal. “Under the India-France treaty, capital gains exemptions are provided for and this could be extended to the India-Singapore treaty,“ he said, according to a person who attended the call. Government officials sa id the issue could not be discussed on the conference call and would be taken up during the talks between the Singapore and Indian governments.

At the heart of the issue is the double-taxation avoidance agreement (DTAA). Under the original pact with Mauritius, short-term capital gains were not taxed in India if the investments were made from the island nation. As per that DTAA, an investor could choose where he wanted to pay tax -in India or Mauritius. Many conveniently chose Mauritius as that country charged no tax.

As per the renegotiated agreement, short-term capital gains tax will be levied in India at half the rate prevailing during the transition period of two years from April 1, 2017. Short-term capital gains are otherwise taxed at 15%.

It is expected that the FPIs and their advisers could ask the Indian government to reduce the taxation rate in the case of Singapore. “There is already an LoB (limitation of benefit) in place in Singapore, and investors coming from Singapore are already incurring expenses for compliance there,“ said a fund manager based out of Singapore.

LoB is mainly a clause in the treaty where it is spelled out clearly what benefits an investor could avail of. Unlike the one with Mauritius, the Singapore treaty already has an LoB where investors have to invest at least $1,00,000. Also, the FPIs have to pay about $2,00,000 annually to the Singapore government to retain their licence.

It is still unclear whether the government would accept any of these demands. “There could be some small changes here and there, but the Singapore treaty would not have many concessions,“ a person in the know said.

The Economic Times New Delhi,23 May 2016