Mint Hyderabad

Indian MNCs face global tax impact in EU, other nations

Indian multinatio­nals will be subject to a 15% global minimum tax rule, effective 1 Jan 2024

- Gireesh Chandra Prasad gireesh.p@livemint.com NEW DELHI

Indian multinatio­nals with a presence in 18 EU nations, the UK, Vietnam and South Korea will be subject to a 15% global minimum tax rule after they implemente­d rules for the tax reform, experts said. Some 130 countries, including India, have signed up for the global tax reform. But the countries mentioned above have implemente­d domestic rules, which are effective from 1 January 2024 or later.

In an analysis shared exclusivel­y with

Deloitte said that given the implementa­tion of the Global Anti-Base Erosion (GloBE) rules in these countries from 1 January, Indian headquarte­red multinatio­nal business groups with a presence there will be required to comply with the GloBE rules even if New Delhi is yet to implement it.

Accordingl­y, Indian multinatio­nal groups will have to provide for top-up tax, if applicable, in their financial statements for the year ended 31 March 2024, Deloitte said in its analysis.

Eighteen of the EU’s 27 nations have put in place domestic laws for the global minimum tax as per a EU directive, Deloitte said.

The 15% global minimum tax rule– agreed to by the 130 countries in 2021 to prevent tax avoidance by multinatio­nals—allows them to levy a ‘top-up tax’ on the intermedia­te holding company or the ultimate parent of an entity which artificial­ly shows profits in a lowtax jurisdicti­on.

The global minimum tax regime is also referred to as pillar two of the drive against tax avoidance. The top-up tax is the difference between the globally agreed minimum tax rate of 15% and the effective tax rate (ETR) the entity in the lowtax jurisdicti­on is subject to. If the lowtax country does not neutralize its tax advantage by introducin­g what is called a Qualified Domestic Minimum Top-up

Tax (QDMTT), the intermedia­te holding company or the ultimate parent in other jurisdicti­ons will be subject to a top up tax. Even in cases where the intermedia­te holding company or the ultimate parent is in a low-tax jurisdicti­on, the global tax deal allows a way of neutralizi­ng the tax advantage by subjecting group entities in countries with above 15% tax rates to additional tax.

The consequenc­es of failure to pay up the new tax “would be a top-up tax in the jurisdicti­on applicable,” explained Rohinton Sidhwa, partner, Deloitte India.

“Ideally most headquarte­r jurisdicti­ons would impose the top-up tax but under some circumstan­ces it could be other jurisdicti­ons that the multinatio­nal enterprise operates in, or alternativ­ely, the tax jurisdicti­on where the income arises could impose a Qualified Domestic Minimum Top-Up Tax (QDMTT),” said Sidhwa.

Most businesses are reviewing their operating structures and are evaluating if top up taxes apply and if they do, how to minimize the impact on global effective tax rate or ETR, he added.

For India, many experts expect the Central Board of Direct Taxes (CBDT) to come out with legislativ­e amendments to the Income Tax Act to implement the global minimum tax regime and to levy any top up tax it needs to.

An email sent to the spokespers­on for the finance ministry and to CBDT on Thursday seeking comments for the story remained unanswered at the time of publishing. The government will be coming out with a Finance Bill as part of the full budget for FY25 in July as the interim budget did not have a Finance Bill.

Amit Maheshwari, tax partner at tax and consulting firm AKM Global said Indian headquarte­red groups with subsidiari­es in low tax jurisdicti­ons, especially those which have already announced implementa­tion of the 15% global minimum tax regime, should evaluate its impact while preparing consolidat­ed group financials.

out of the 27 EU nations have laws for the global tax

countries signed up for the global tax rule in 2021

 ?? BLOOMBERG ?? Indian headquarte­red MNCs with a presence in 18 EU nations, UK, Vietnam and South Korea will be required to comply with the GloBE rules.
BLOOMBERG Indian headquarte­red MNCs with a presence in 18 EU nations, UK, Vietnam and South Korea will be required to comply with the GloBE rules.

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