India: India specifies 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 2026

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

India: India specifies Cyprus as a notified jurisdictional area

nayak.jpg

jain.jpg

Rajendra Nayak


Aastha Jain

The Indian Tax Law (ITL) provides a toolbox of measures to discourage transactions with entities in non-cooperative tax jurisdictions which do not exchange information with India. It empowers the government of India (GoI) to specify any country or territory outside India as a notified jurisdictional area (NJA) having regard to lack of effective exchange of information. Any transactions entered into by taxpayers in India with a person located in an NJA would attract adverse consequences under the ITL. India entered into a tax treaty with Cyprus in 1994 pursuant to which both the countries are under an obligation to exchange information necessary to prevent fraud or evasion of taxes. As per the GoI, since Cyprus has not been providing information required by the Indian Tax Authorities, it is notified as an NJA with effect from November 1 2013.

As a consequence, any transaction between a taxpayer and a person located in Cyprus will be deemed to be an international transaction subject to transfer pricing provisions of the ITL and all parties to such transaction would be deemed to be associated enterprises. This entails maintenance of documentation and reporting as prescribed under the ITL. All payments made to a person in Cyprus, which are chargeable to tax in India, would attract a higher withholding tax at 30% rate. Further, to claim deduction of any payments made to person located in Cyprus, the taxpayer would need to maintain documents and furnish prescribed information to Indian tax authorities. Where any payments are made to a financial institution in Cyprus, the taxpayer is required to furnish an authorisation to Indian tax authorities to collect any requisite information from such financial institution. Any sum received or credited from a person located in Cyprus shall be deemed to be income of the taxpayer unless it satisfactorily explains the source of such funds in the hands of the payer in Cyprus or beneficial owner such funds (if it is not the payer). Further, a person located in NJA (Cyprus) is defined to include (a) a resident of NJA or (b) an entity established in NJA or (c) a permanent establishment in NJA of any person.

The notification of NJA is consistent with the global trend of introducing counter measures to deal with "non-cooperative tax jurisdictions" and strengthen tax enforcement. Cyprus is the first jurisdiction to be notified as an NJA in India. Pursuant to this, the Cyprus government has issued a press release declaring its intention to resolve the situation with the GoI and clarifying that this development does not impact the operation of the India-Cyprus tax treaty. Taxpayers having business arrangements involving Cyprus will need to review the impact of this notification on their transactions/business structures and follow the developments between the two governments on this front.

Rajendra Nayak (rajendra.nayak@in.ey.com) and Aastha Jain (aastha.jain@in.ey.com)

Ernst & Young

Tel: +91 80 4027 5275

Website: www.ey.com/india

more across site & shared bottom lb ros

More from across our site

As pillar two reshapes global tax competition, the UK faces a crucial challenge: how to remain attractive to multinationals without sacrificing tax revenues
Pillar two may be raising less than expected, but professor René Matteotti says the regime is still changing multinational tax behaviour
Multinationals importing goods into Brazil may need to align TP files and customs documentation more closely as authorities gain new tools to challenge related-party transactions
The private equity-backed deal hands Grant Thornton immediate and impressive US scale, but World Tax data suggests the firm still has work to do to gain recognition
From Instagram content to £100m transactions, the founder of Thomas & Co International discusses building a modern tax and accounting firm for business founders
Growing GAAR scrutiny is driving taxpayers to look beyond legal form and demonstrate the commercial rationale underpinning tax-efficient structures
Pillar two has been clients’ ‘biggest headache’ but also a driver of growth for MHA, which believes it has the edge over its big four rivals
Public country-by-country reporting is exposing multinational tax data to investors, journalists and competitors, creating fresh risks for businesses
Pillar two compliance is creating unprecedented data demands for multinational tax departments, making closer collaboration with FP&A teams essential for accurate reporting and audit readiness
Among the arrivals is Andrew Howell, who leaves scandal-hit PwC Australia after representing PepsiCo in a high-profile TP dispute
Gift this article