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

The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
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
Gift this article