Business Standard

I-T dept expects Walmart to seek tax certificat­e in 15 days

- DILASHA SETH

The income tax department expects Walmart to seek the withholdin­g tax certificat­e arising out of the $16-billion Flipkart acquisitio­n within a fortnight. The certificat­e will help determine tax liability on buying a 77 per cent stake in Flipkart deal.

The income tax (I-T) department expects US-based retail giant Walmart to seek a withholdin­g tax certificat­e for the $16-billion Flipkart acquisitio­n within a fortnight.

The withholdin­g tax certificat­e will help determine Walmart’s tax liability on buying a 77 per cent stake in Bengaluru-based Flipkart. The deal got a nod from the Competitio­n Commission of India (CCI) on Wednesday. “Now that CCI nod has come, Walmart is expected to close the deal within a week. We expect them to file with the IT department seeking withholdin­g tax certificat­e under section 197 in the next 15 days,” said an income tax official on the sidelines of Assocham's tax conference.

Under Section 197, any NRI selling shares can give reasons to Indian authoritie­s as to why they should be taxed at a lower rate or nil in India.

“The commission is of the opinion that the proposed combinatio­n is not likely to have an appreciabl­e adverse effect on competitio­n in India and therefore, the same is hereby approved," the CCI said in its order letter.

Withholdin­g tax is tax deducted at source (TDS) on interest or dividends paid to an entity residing outside the country. Walmart last month assured the I-T department it would fulfill all tax obligation­s.

Flipkart had earlier shared the share purchase agreement with tax authoritie­s to calculatin­g the tax rate that would be applicable for investors in Flipkart, who are selling the shares to Walmart.

“The I-T department is going through the share-purchase agreement, reading in depth which investor has routed money from which jurisdicti­on and when and whether any treaty benefit applies to them,” the official added.

Many investors in Flipkart, who sold their stake in the deal with Walmart, are non-residents. Flipkart’s parent entity is registered in Singapore. SoftBank, Tiger Global, Accel Partners and Naspers were the

major foreign investors in Flipkart.

The withholdin­g tax rate in the case of long-term capital gains tax is 10-20% depending on the nature of the investment.

“According to the Indian withholdin­g tax provisions, Walmart will be liable to deduct applicable income tax on payments made to seller nonresiden­t entity while purchasing shares in Flipkart Singapore/ Flipkart India,” said Rakesh Nangia, managing partner, Nangia Advisors.

In case the parties believe this transactio­n is not liable to income tax in India due to any tax treaty benefit, either purchaser or seller entity may approach the Indian tax authoritie­s for obtaining Nilor lower withholdin­g tax order, said Nangia. “Non-withholdin­g of appropriat­e taxes shall entail interest and penal implicatio­ns on Walmart,” he added.

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