Cyprus To Loose Tax Haven Status For Indians

10 January 2014

Cyprus To Loose Tax Haven Status For Indians

December 27th, 2013 – India after blacklisting Cyprus for not sharing information on bank account holders, is now going to withdraw the favourable tax treatment available to investors from the Cyprus under the bilateral tax treaty.

India is looking to amend a clause in the tax treaty that offers benefits similar to India-Mauritius double taxation agreement – exemption from tax on capital gains and a lower rate of 10% tax on interest, royalties and fees for technical services. Cyprus is seventh on the list of countries sending foreign direct investment
to India as it’s a tax-efficient route.

The two sides have already held discussions and indications are that India will have its way. India received $296 million as FDI from Cyprus in the April-September period out of cumulative flows of $7.19 billion. India made clear its displeasure with Cyprus for not providing information on tax evaders under the agreement between the two countries for avoidance of double taxation of income and prevention of tax evasion in force since 1994.

Stepping up the pressure, India had in November declared Cyprus as a non-cooperative jurisdiction and suspended tax benefits available under the treaty. The non-cooperative jurisdiction tag meant that all payments made to Cyprus attracted a 30% withholding tax and Indian entities receiving money from there were required to disclose the source of funds and forego deductions of expenditure and allowances arising on account of a transaction with any entity from Cyprus. Cyprus was the first tax jurisdiction to be dubbed non-cooperative under stringent penal provisions in the 2011-12 Budget to deal with countries that don’t share information on tax evasion.

India subsequently softened and agreed to drop the tag after Cyprus included a detailed tax information exchange agreement in the bilateral tax treaty for active exchange of information. Both sides had detailed discussions after India‘s stern action.

India is still keen to revisit the tax sops available under the treaty just as it is doing with Mauritius. Mauritius has already indicated its willingness to incorporate a ‘limitation of benefit’ clause in the treaty to ensure only genuine investors benefit from favourable tax treatment offered by the pact. New Delhi‘s concerns stem from the alleged misuse of the treaty by investors from other countries that route their investments into the India to take advantage of the tax exemption.

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