JAGTIV · Previous Year Questions

UPSC

ECONOMY · 2018

Previous Year Question

With reference to India’s decision to levy an equalisation tax of 6% on online advertisement services offered by non-resident entities, which of the following statements is/are correct?

  1. It is introduced as a part of the Income-tax Act.

  2. Non-resident entities that offer advertisement services in India can claim a tax credit in their home country under the Double Taxation Avoidance Agreements.

Select the correct answer using the code given below:

A.

1 only

B.

2 only

C.

Both 1 and 2

D.

Neither 1 nor 2

Correct Answer: D

Detailed Solution

India introduced the Equalisation Levy to tax income arising from the digital economy where a foreign digital enterprise could earn revenue from India without maintaining a physical presence or Permanent Establishment in the country.

The Finance Act, 2016 imposed a 6% Equalisation Levy on specified services. These principally covered online advertisements, digital advertising space and related facilities or services.

Statement 1 is incorrect

The Equalisation Levy was not introduced under the Income-tax Act, 1961. It was enacted as a separate levy under Chapter VIII of the Finance Act, 2016.

Under the 2016 provisions, the levy applied to consideration paid for specified services to a non-resident by:

  • An Indian resident carrying on business or profession; or

  • A non-resident having a Permanent Establishment in India.

The prescribed annual payment threshold was ₹1 lakh. Once this threshold was crossed, the payer was generally required to deduct the levy at 6% and deposit it with the Government.

Therefore, Statement 1 is incorrect.

Statement 2 is incorrect

A Double Taxation Avoidance Agreement generally applies to taxes covered by the particular treaty as taxes on income.

The 6% Equalisation Levy:

  • Was not an income tax imposed under the Income-tax Act;

  • Was a separate levy under the Finance Act, 2016; and

  • Was not automatically treated as a DTAA-covered income tax.

Consequently, a non-resident entity did not automatically become entitled to Foreign Tax Credit in its home country under a DTAA.

A foreign country may provide some relief under its own domestic law, but that does not make the statement’s categorical DTAA-based claim correct.

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