Royalty & Fee for Technical Services

Royalty and Fees for Technical Services in Indian tax regime especially in context of international transactions have been contentious so far. Both are deemed to accrue or arise in India (barring few exceptions as carved out in the provisions dealing with deemed income) and consequently subject to tax in India, even if the recipient has no permanent establishment or business connection in India. More so after the amendments brought in the Act, through Finance Act 2012, further widening the ambit, has added to the scope. Since, over the period various adjudicating authorities have taken different views on the scope, coverage and chargeability to tax of Royalty and Fees for Technical Services in India, there is very little clarity. This book deals with the topic in lucid manner discussing the various types of transactions and their chargeability under the extant law in India. Also the Indian DTAA with various countries along with relevant OECD Reports and commentaries and various judicial pronouncements pertaining to the topic have been taken up while discussing the topic with a view to bring a certain level of understanding and clarity, under the existing law and circumstances.

Detailed discussion on the topic analyzing the provisions of the Income-tax Act, with the extant law and latest rulings. Also covering Indian DTAAs and Industry-wise issues pertaining to the topic,providing an insight and guidance on the topic, to the practitioners.

Key features

• Detailed analysis of the provisions of the Income-tax Act and dealing with the Royalty and Fees for Technical Services.
• Analysis of the topic under India DTAA’s and also with reference to OECD, UN and US Conventions.
• Industry (Financial Services, Media and Entertainment, Aviation etc.) issues pertaining to the topic covered with various situations and transaction models.
• Provides fair understanding of the topic in a lucid manner.