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INDIA INTRODUCES WITHHOLDING TAX ON CYPRUS TRANSACTIONS

Published by Gbaf News

Posted on June 3, 2014

2 min read
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India amended its domestic tax law for transactions with taxpayers of certain tax jurisdictions, as an anti-avoidance measure.

Details of the Cyprus Withholding Tax Measure

The amendments involving transactions made in Cyprus include a temporary 30% withholding tax for all transactions between India and Cyprus in place since March.

Under the double tax treaty between India and Cyprus in place since 1994, both countries are obliged to exchange such information in order to implement the domestic tax laws of the two jurisdictions helping to prevent evasion of taxes.

Reasons for Notified Jurisdiction Status

India has labeled Cyprus a “notified jurisdiction” since November of last year, on account of a lack of responsiveness by the Cypriot authorities following requests for information by the Indian authorities under the respective states’ tax treaty.

Despite several efforts by the Cypriot authorities, the Cyprus still remains on the blacklist, as the issue has taken a political dimension.

Cyprus Administration's Response and Efforts

Considerable efforts were made by the Inland Revenue Department to issue the data requested by India, having responded to already 40 of the 48 requests for tax information.

Impact on Cyprus as a Business Hub

The implementation of a 30% withholding tax has not helped the reputation of Cyprus as a business hub.

Ongoing Negotiations and Future Outlook

Negotiations are still underway with a view to reaching a jointly acceptable solution.

Key Takeaways

  • India imposed a temporary 30% withholding tax on transactions with Cyprus as an anti-avoidance measure under Section 94A.
  • Cyprus was designated a “Notified Jurisdictional Area” due to insufficient tax information exchange under the 1994 Double Tax Treaty.
  • India has responded to 40 out of 48 information requests, but Cyprus remains blacklisted, impacting its reputation as a business hub.
  • Negotiations are ongoing to resolve the dispute and potentially restore favourable treaty terms.

References

Frequently Asked Questions

Why did India impose a 30% withholding tax on Cyprus transactions?
Because Cyprus was designated a “Notified Jurisdictional Area” under Section 94A of India’s Income‑tax Act due to lack of effective tax information exchange, triggering anti‑avoidance measures including the 30% withholding tax.
What is the basis of the India‑Cyprus tax relationship?
They operate under a Double Taxation Avoidance Agreement signed in 1994, which obliges both countries to exchange tax information to prevent evasion.
Has Cyprus complied with information requests?
Cyprus has partially complied: India’s Inland Revenue Department has received responses to 40 of the 48 requests, but the jurisdiction remains blacklisted.
What impact does the withholding tax have on Cyprus?
The withholding tax has harmed Cyprus’s reputation as a business hub and may deter investment and cross‑border transactions.
Is the situation resolved?
Not yet. Negotiations are ongoing to reach a mutually acceptable solution and potentially restore treaty benefits.

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