Indian safe harbour rules will be issued says Chidambaram

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

Indian safe harbour rules will be issued says Chidambaram

P Chidambaram, the Indian Finance Minister, said in his budget speech today that rules on safe harbours will be issued.

chidambaram150.jpg

The rules will be issued after reports on safe harbour, issued by a designated committee, have been examined by the Finance Minister on March 31.

The announcement is long-awaited by tax professionals who want to see more certainty over their transfer prices with a smaller burden on compliance.

Safe harbours will provide taxpayers with rules they can follow and a margin under which transfer prices will be automatically accepted by the tax authorities.

They should help to reduce the considerable amount of tax litigation in the country, as, for certain types of transfer pricing transactions, taxpayers will not need to collect as much transfer pricing data .

It is hoped the safe harbour rules will make India a more attractive location to invest in because they will lower the risk of transfer pricing adjustments by the tax authorities.

The rules were originally tabled in the 2009 Finance Act but the margins have still not been set.

“Specifying safe harbour norms is not easy,” said Samir Gandhi of Deloitte. “It involves identifying the activities which will be eligible for safe harbour and the determination of mark-up or a margin for such activities.”

Gandhi used Mexico as an example because of its safe harbour rules relating to maquiladoras (captive contract manufacturers operating under virtually risk-free conditions). He thinks this is a good model for India because of the large number of captive units in the country.

“To deal with this vexed issue, Mexico has established the following safe harbours for the activity of maquiladoras: 6.5% return on total costs and 6.9% return on value of assets employed. Similarly, Australia operates a safe harbour provision for services where 7.5% mark up on cost is accepted. Similar administrative practices of safe harbour are prevalent in Switzerland and Belgium.”

more across site & shared bottom lb ros

More from across our site

Tom Goldstein, who was represented by US law firm Munger, Tolles & Olson, denied wilfully cheating on his taxes and blamed errors on his staff
Multinationals face rising TP scrutiny as global rules diverge. As Daniel Moalusi argues, strong, consistent documentation is now essential to minimise audit risk and protect tax positions
The profession is fundamentally restructuring itself around what tax and accounting work should be, a Thomson Reuters leader told ITR
The big four firm is consolidating 16 entities across the region to create a single 6,000-partner behemoth
Brazil’s tax reform unifies consumption taxes to simplify rules, centralise administration and reduce legal uncertainty
The ever-expansive firm has once again attracted a former ‘big four’ talent to lead the new offering
The amended double taxation avoidance agreement removes France’s most favoured nation status for tax treaty benefits
The levies extended beyond the president’s ‘legitimate reach’, the Supreme Court ruled
While Brazil’s consumption tax overhaul led to a short-term spike in tax advisory demand, we are now in a period of ‘normalisation’ marked by decreased recruitment
The expanded firm will comprise roughly 8,500 employees, including 550 partners; in other news, Paul Hastings and Macfarlanes made senior tax hires
Gift this article