Revision of India-Singapore Tax treaty; De-notification of Cyprus as a ‘notified jurisdictional area’

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Revision of India-Singapore Tax treaty; De-notification of Cyprus as a ‘notified jurisdictional area’

Sponsored by

logo.png
singapore 320 x 215 free copyright

The changes brought about by the Protocol are largely similar to the revised India-Mauritius tax treaty.

dharawat.jpg
gangadharan.jpg

Rakesh Dharawat

Hari Gangadharan

Revision of India-Singapore Tax treaty

In a significant development, a third protocol (Protocol), amending the provisions of the India-Singapore tax treaty was signed in December 2016. The changes brought about by the Protocol are largely similar to the revised India-Mauritius tax treaty.

Under this Protocol, India will get the right to tax capital gains arising on alienation of shares acquired on or after April 1 2017. Shares acquired before March 31 2017 will be grandfathered and gains arising thereon will not taxable in India. For shares acquired and alienated between April 1 2017 and March 31 2019 the tax rate will be limited to 50% of the tax rate applicable in the source country.

To be eligible for the grandfathering or concessional tax rate during the transitory period, certain conditions specified by the limitations on benefit (LoB) clause have to be met by the company claiming the benefit. These include incurring an annual operating expenditure of at least S$200,000 ($140,000) or INR 5 million ($73,000) as the case maybe in the immediately preceding period of 12 months from the date on which the gains arise.

The benefit of reduced tax rates will not be available if the affairs are arranged with the primary purpose of benefiting from the grandfathering clause, or to take advantage of the provisions granting the reduced tax rate, or if the company claiming the benefit is a shell or a conduit company. A shell or a conduit company means any legal entity that is not listed, has negligible/nil business operations, or carries on no real and continuous business activities.

The Protocol provides that the tax treaty will not prevent a country from applying its domestic law and measures concerning the prevention of tax avoidance or tax evasion. It also seeks to provide for bilateral discussions for the elimination of double taxation arising from transfer pricing or the pricing of related party transactions.

De-notification of Cyprus as a 'notified jurisdictional area'

The notification issued in 2013 that classified Cyprus as a 'notified jurisdictional area' (NJA) under section 94A of India's Income-tax Act, 1961 was withdrawn in November 2016.

Thus, transactions with Cyprus will no longer attract transfer pricing, or a higher withholding of 30% as contemplated by section 94A.

It is also provided that this repeal has retrospective effect from the date of the 2013 Notification. However, transactions done, or omitted to be done, before the cancellation are expressly saved.

This repeal comes in the backdrop of the revision of the India-Cyprus tax treaty to provide for source-based taxation of capital gains in India (subject to a grandfathering of pre-2017 investments).

Rakesh Dharawat (rakesh.dharawat@dhruvaadvisors.com) and Hari Gangadharan (hariharan.gangadharan@dhruvaadvisors.com)

Dhruva Advisors

Tel: +91 22 6108 1000

Website: www.dhruvaadvisors.com

more across site & shared bottom lb ros

More from across our site

The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were at £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Gift this article