India: India budget’s key tax proposals

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

India: India budget’s key tax proposals

Sponsored by

logo.png
India budget’s key tax proposals

India's annual budget for 2017-18 was announced on February 1 2017.

Dharawat
Gangadharan

Rakesh Dharawat

Hari Gangadharan

India's annual budget for 2017-18 was announced on February 1 2017. The key tax proposals announced are briefly summarised below.

Corporate tax

The corporate tax rate has been reduced to 25% for companies with a turnover of less than INR 500 million ($7.5 million) in the financial year 2015-16, while the rate for companies with a larger turnover remains at 30%.

Finance Minister Arun Jaitley has also proposed that indirect transfer taxation (i.e. taxation of gains from transfers of foreign company shares deriving value from underlying assets in India) will not be applicable to Category-I or Category-II foreign portfolio investors (FPIs). This exclusion will apply with retrospective effect from financial year 2011-12.

In addition, the concessional withholding tax rate of 5% on interest payments in case of rupee denominated bonds issued to FPIs will now be available for interest payable up to July 1 2020. This was due to expire in 2017. However, the transfer of rupee denominated bonds by one non-resident to another will not trigger capital gains. The benefit of exclusion of rupee appreciation on redemption of rupee denominated bonds has been extended to secondary holders (this was earlier available only to subscribers of such bonds).

Separately, the conversion of preference shares into equity shares will not trigger capital gains tax under the budget proposals. In such cases, the cost of acquisition and the period of holding such equity shares will be the same as that of the original preference shares.

In the case of transferring unquoted equity shares, gains will be calculated based on fair market value (FMV) if the consideration received is lower than the FMV. The manner of determining FMV will be prescribed.

The provisions relating to receipt of specified property without consideration, or for inadequate consideration, have been overhauled. Going forward, any specified property (including immovable property, listed, unlisted shares, etc.), received without adequate consideration by any taxpayer, will be taxed under the head 'income from other sources'. However, business reorganisations and other specified exclusions are carved out from the same.

The time limit for completion of tax assessments (tax audits) by income-tax authorities have been significantly curtailed.

Transfer pricing

The finance minister proposed cutting the scope of domestic transfer pricing provisions in the budget. Going forward, only transactions between two domestic related parties where one of the parties is claiming a profit-linked deduction will be subject to domestic transfer pricing.

Separately, thin capitalisation rules are proposed to be introduced in respect of interest payments exceeding INR 10 million paid to associated enterprises (not applicable to banking and insurance companies). Key aspects include:

  • Deduction of such interest is restricted to actual interest paid/payable or 30% of EBITDA, whichever is lower;

  • Excess interest paid will be allowed to be carried forward for eight years; and

  • Under certain circumstances, loans taken from a third-party lender will be deemed to be from an associated enterprise such as if an associated enterprise provides an implicit/explicit guarantee to the third-party lender.

Finally, taxpayers will be required to carry out secondary adjustments where a primary adjustment to the transfer price has been made in certain circumstances. It is also provided that where a primary adjustment exceeding INR 10 million has been made and funds have not been brought into India, such amounts will be treated as an advance made and interest will be imputed thereon in a prescribed manner.

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

Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Wingrove will succeed Bill Thomas, who has served in the role since 2017; in other news, Andersen unveiled a sharp increase in revenues for 2025
Partners are divided on Italy vs PDM D’s analytical depth, evidentiary standards, and what the judgment signals for future intra-group financing cases
As GCCs increasingly become strategic hubs, multinationals face heightened risks around permanent establishment and place of effective management
While all options presented ‘drawbacks’, European Commission tax leader Wopke Hoekstra said the controversial US carve-out deal has ‘many benefits’
From tech preparations to competitiveness concerns, Tax Systems’ Russell Gammon addresses the most pressing client considerations arising from the SbS deal
Despite estimates that the US/OECD agreement will cost countries billions, the Fair Tax Foundation’s Paul Monaghan believes the deal is a ‘necessary evil’
The firm’s eye-catching UK launch is a major statement of intent, but it will face stern opposition in its quest to be the top global tax player
The postponement came after industry representatives flagged implementation issues with the registration regime; in other news, firms made key tax partner additions
Despite the increased yield, the time taken to resolve enquiries was at a six-year high, new HMRC statistics have revealed
Gift this article