www.skpcrossborder.com Aug 2005
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Indo-Singapore tax treaty to benefit local IT cos

Indian software companies rendering services in Singapore will be major gainers of the improved double taxation avoidance agreement (DTAA) between the two countries. The effective tax liability of these companies will drop as India and Singapore have agreed to lower the withholding tax on royalties and fee for technical services (FTS) from 15% to 10% in the revised DTAA.

Withholding tax refers to tax required to be deducted at source (TDS) under the domestic law on income accruing to residents of a foreign country. The benefit of a lower withholding tax rate under the Indo-Singapore tax treaty will be broad-based. Software product companies that license technology to Singapore companies would be among the major gainers.

In this year’s budget, the tax on royalties and FTS was lowered to 10% in India for agreements entered into after June ’05. Foreign companies, including Singapore-based companies, earning royalty income from India gained from this move. They could opt for a lower withholding tax prescribed under the Indian Income Tax Act instead of a higher rate under the relevant DTAA.

But the same benefit of a lower effective tax liability was not available to Indian companies rendering services in Singapore. The anomaly has been set right through the improved DTAA. However, payments made to Singapore-based companies offering technical services to Indian entities will continue to be out of the withholding tax net if there is no transfer of technology involved.

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Government to set up drug regulatory body

The Indian Government has decided to revamp the drug regulatory structure in the country and set up an independent authority on the lines of US Food and Drug Administration (FDA) for quality control of drugs.

Once the regulatory body is put in place, the government will approach the American FDA for an agreement on mutual approval of clinical trials and drugs. The independent drug regulatory authority would be set up in two years. All the strong points of FDA would be replicated in the new structure.

The proposed structure, which will be called Central Drug Administration or National Drug Authority, would have ten different sub-authorities to deal with areas like cosmetics, blood safety, medical equipment, biological products, recombinant products, etc. The step is being initiated on the recommendations of the Mashelkar Committee, which went into the issue of drug safety and spurious drugs. According to officials the current system, which is guided by he Central Drugs Standard Control Organisation, is "old, fragmented and not independent".

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Private operators of airports may get tax breaks

The government is set to provide major tax breaks to the private operators of the modernised Delhi/Mumbai airports. The fiscal concessions, however, come with a rider i.e. private operator of the Delhi and Mumbai airports will be allowed only a 10% escalation in airport charges in the first phase.

The fiscal concessions will help the private airport operators to keep costs under control and ensure better returns on the investments. The government is planning to provide tax breaks under sections 10(23G) and 80-IA of the Income Tax Act. Among others things, the provisions allow a 10-year tax holiday in the initial 15 years of operations.

Similar concessions under the I-T Act are currently available to other infrastructure areas like power and telecom. While the tax holiday provides relief to investors in the initial years when payout on interest is high, section 23 provides tax breaks on interest and dividend income arising out of investments in such core projects.

Airport charges in India are considered 78% higher than the global average. According to an estimate, a capital investment of Rs 8,720 crore (US $ 1.93 bn) will be required for Delhi and Rs 6,400 crore (US $ 1.42 bn) will be required for Mumbai airports over 20 years. The final word on the estimated costs is still awaited. The first phase of modernisation of the two airports is likely to be completed by ’10.

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Quick Links
Indo-Singapore tax treaty to benefit local IT cos
Government to set up drug regulatory body
Private operators of airports may get tax breaks

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