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

The UK’s Labour government has an unpopular prime minister, an unpopular chancellor and not a lot of good options as it prepares to deliver its autumn Budget
Awards
The firms picked up five major awards between them at a gala ceremony held at New York’s prestigious Metropolitan Club
The streaming company’s operating income was $400m below expectations following the dispute; in other news, the OECD has released updates for 25 TP country profiles
Software company Oracle has won the right to have its A$250m dispute with the ATO stayed, paving the way for a mutual agreement procedure
If the US doesn't participate in pillar two then global consensus on the project can’t be a reality, tax academic René Matteotti also suggests
If it gets pillar two right, India may be the ideal country that finds a balance between its global commitments and its national interests, Sameer Sharma argues
As World Tax unveils its much-anticipated rankings for 2026, we focus on EMEA’s top performers in the first of three regional analyses
Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
Gift this article