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 2025

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

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article