BEPS Central: India

Duff & Phelps provides additional new transfer pricing documentation requirements, jurisdiction by jurisdiction, including filing dates, notification dates, filing thresholds and penalties.

India Country-by-Country Reporting Tear Sheet

Status of Domestic Legislation

Legislation in force

First Period Covered

Financial years beginning on or after April 1, 2016

Filing Deadline

Due date for filing income tax return (30 November following the FY end; however, filing deadline for 2016/17 FY is exceptionally postponed to 31 March 2018)

Turnover Threshold

INR 55,000 million (c. $840 million)

Deadline for Notification of Reporting Entity

60 days prior to due date of filing income tax return (extended to 31 January 2018 for the first year) 

Signatory to CbC Multilateral Competent Authority Agreement (“CbC MCAA”)?
(The CbC MCAA is an agreement which provides that Country-by-Country reports filed with the tax authority of a signatory will be automatically exchanged with the tax authorities of all other signatories).

Yes

Covered by EU Directive 2011/16/EU?
(This directive requires that all EU member states co-operate in the field of taxation. Specifically, Amendment DAC4 requires multinationals to report certain financial information, now to include Country-by-Country Reporting, in every country in which they operate).

No

Member of Inclusive Framework on BEPS Implementation?
(Membership of the inclusive framework on BEPS implementation commits jurisdictions to implementing the BEPS package, including CbC reporting).

Yes

Penalties
(Late Penalties: Penalties for late/non-filing.
Inaccurate/False Information Penalties: Penalties for provision of inaccurate or false information)


Yes

Secondary Filing
(Does the jurisdiction require filing of the CbC report by a local group entity where the report is not made available by the jurisdiction of the ultimate parent entity)?

Secondary filing is required

Surrogate Filing
(Does the jurisdiction permit the appointment of a substitute local entity in place of the ultimate parent entity for the purpose of filing the CbC report on behalf of the group)?

Surrogate filing is permitted

Method of Filing

TBA

CbC Language Requirements

TBA

Master file/Local File 
(Action Point 13 also included guidance on Master file and Local file requirements, including specific items to be included and the format of such reports. Where a jurisdiction has amended its transfer pricing documentation requirements because of Action 13 to adopt the Master file and Local file concepts, this is noted below).

Master File

Status of Domestic Legislation:  Legislation in draft
Reporting Threshold:  a) The consolidated revenue of the MNE Group exceeds INR 5,000 million ($75 million) in the preceding financial year; and b) The aggregate value of international transaction exceeds INR 500 million ($7.5 million) or international transactions related to intangibles exceed INR 100 million ($1.5 million)
Filing Deadline:  By the due date of filing the income-tax return (30 November after the year end). For FY ended March 2017, the due date is extended to 31 March 2018
First Period Covered:  Financial years beginning on or after April 1, 2016
Language Requirement:  English

Local File

Status of Domestic Legislation:  Legislation in draft
Reporting Threshold:  TBA
Filing Deadline:   By the due date of filing the income-tax return (30 November after the year end). For FY ended March 2017, the due date is extended to 31 March 2018
First Period Covered:  Financial years beginning on or after April 1, 2016
Language Requirement:  English