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AMLEGALS / Tax & Treaty / BEPS and MLI India for Foreign Companies
Cross-border tax and treaty

BEPS and MLI India for Foreign Companies

MLI, PPT and BEPS impact on treaty access for foreign companies in India.

Strategic context

The issues that decide the outcome

India has ratified the Multilateral Instrument, which modifies most of its bilateral tax treaties to implement the BEPS minimum standards. The most consequential change for foreign companies is the Principal Purpose Test, under which treaty benefits can be denied where obtaining the benefit was one of the principal purposes of an arrangement, even if the structure is otherwise valid.

The practical effect is that a foreign group can no longer rely on the bare text of a treaty; it must read the treaty as synthesised with the MLI and be able to show genuine commercial purpose. AMLEGALS advises foreign investors on how the MLI changes their specific treaty, the Principal Purpose Test exposure of their holding and financing structure, and the substance and documentation needed to sustain treaty benefits.

Workstreams

How AMLEGALS acts

01

Synthesised treaty analysis

Reading the applicable DTAA as modified by the MLI to establish the current treaty position for the structure.

02

Principal Purpose Test review

Assessing PPT exposure of the holding, financing and IP structure and the commercial-purpose narrative supporting it.

03

Substance planning

Advising on the substance, decision-making and documentation needed to sustain treaty benefits.

04

Permanent-establishment changes

Reviewing the MLI changes to the PE definition and their effect on the India footprint.

05

Beneficial-ownership support

Structuring and documenting beneficial ownership for treaty relief on dividends, interest and royalties.

06

Dispute positioning

Positioning the structure for mutual agreement procedure or litigation if treaty benefits are challenged.

Answers

Frequently asked questions

01How does the MLI affect my tax treaty with India?

The MLI modifies most Indian treaties to add anti-abuse rules, chiefly the Principal Purpose Test, and to change parts of the permanent-establishment definition and dispute mechanism. The treaty must now be read together with the MLI as a synthesised text, which AMLEGALS prepares for your specific treaty.

02What is the Principal Purpose Test?

It allows the tax authority to deny a treaty benefit if obtaining that benefit was one of the principal purposes of an arrangement or transaction, unless granting it accords with the object and purpose of the treaty. Genuine commercial substance and contemporaneous documentation are the defence.

03Can my holding company still claim treaty relief?

It can, where it has genuine commercial purpose and substance beyond obtaining the treaty benefit. Pure conduit or letterbox structures are exposed under the PPT. AMLEGALS reviews the structure and builds the substance and evidence needed to sustain the claim.

04Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.

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