In-US Digital Tax Deal Flashcards

1
Q

how many countries are party to the global minimum tax deal

A

136, including india

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2
Q

what are the provisions of the global tax deal

A

mncs must pay at least 15% taxes wherever they operate

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3
Q

why must digital services tax and equalization tax, etc be removed

A

becasue it is being replaced by the gobal minimum tax deal

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4
Q

when will the final terms of the digital tax deal be finalised

A

1 feb 2022

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5
Q

what are the two pillars of the min tax deal

A

pillar one - corporations are taxed where they operate and earn profits
pillar two - at least 15% tax even in low tax jurisdiction

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6
Q

what is the digital service tax(dst) imposed by the indian government, what is it also called

A

The central government in its Finance Bill of 2020-21, imposed 2% digital service tax on trade and services of foreign e-commerce companies such as Amazon and Walmart-owned Flipkart and others having an annual turnover of ₹2 crore or more.

equalisation levy

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7
Q

What is Equalisation Levy 2020?

ini. introduced in 2016

A

EL 2.0 was made effective on April 1, 2020. The new levy now includes a 2 per cent tax on gross revenues received by a non-resident “e-commerce operator” from the provision of ‘e-commerce supply or service’ to Indian residents or non-resident companies having a permanent establishment in India.

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8
Q

as per the deal till when can india impose its equalisation levy on digital corporates

A

until 31 march 2024 or until the implementation of the pillar one of the oecd agreement on gobal minimum tax

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9
Q

which indian tax did the ustr hold as discriminatory action in january 2021 and threaten retaliatory trade action of 25% tariffs on forty products like shrimp, basmati rice, etc

A

digital services tax

USTR - US Trade Representative

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10
Q

pillar one applies to companies with a global turnover of over _______ euros

A

20 billion euros

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11
Q

which new section inserted by the financial act of 2020 provided for the 2% equalisation levy

A

section 165

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12
Q

which new section inserted by the financial act of 2020 provided for the 2% equalisation levy

A

section 165

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13
Q

in 2020 the equalisation levy’s scope was broadened to include the equalisation levy for non-resident e-commerce operators involved in supply of services, including online sale of goods and provision of services, with the levy at the rate of 2% effective April 1, 2020. what was the levy first introduced in 2016 about

A

Equalisation levy at 6% has been in force since 2016 on payment exceeding Rs 1 lakh a year to a non-resident service provider for online advertisements.

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14
Q

india and us have agreed to a transitional approach on EL or digital tax starting from

A

1 april 2022

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15
Q

when was mauritius put on fatf’s grey list due to its weak mechanism to counter terror financing and money laundering

A

feb 2020

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16
Q

why was mauritius one of india’s largest contributors to india’s fdi

A

india-maur double tax avoidance treaty (dtaa) helped avoid capital gains tax (they could avoid being taxed in both source and residence country)
could easily set up offshore entities

17
Q

what has made mauritius less attractive

A

tweaking of dtaa to remove tax benefits

general anti-avoidance rules of 2017

18
Q

after inclusion in the fatf list fdi fell fro

A

₹57 785 crores in 2019-20 to

₹41 661 crores in 2020-21

19
Q

Article 265

A

empowers the government to levy or collect tax from the people of India. In any case when a person escaping from paying tax generally would be liable for tax evasion under Indian laws.

20
Q

____ panel was set up in 2012 to draw the final guidelines on GAAR

A

Parthasarthy Shome

21
Q

GAAR, framed by the _____________ under the Finance Ministry came into effect from April 2017.

A

Department of Revenue

22
Q

Its provision comes under the .

A

Income-tax act 1961

23
Q

GAAR was initially proposed in the _________, although it was introduced into India in the Budget session of Parliament in 2012.

A

Direct Tax Code 2009

24
Q

The GAAR was introduced in India after the Vodafone deal with _______. This deal took place in the Cayman Islands.

A

Hutchison-Essar
As per the government, above USD 2 billion was lost in taxes.
In the subsequent case, the Supreme Court ruled in favour of Vodafone.

25
Q

GAAR is general where as _______ (SAAR) are special rules targeted at individual on case by case specific provisions.

A

Specific Anti Avoidance Rules

26
Q

in gaar, there is no difference between

A

tax evasion and tax avoidance (all transactions that have the implication of avoiding tax can come under gaar scanner)

27
Q

Financial Action Task Force (on Money Laundering) (FATF), also known by its French name,

A

Groupe d’action financière (GAFI)

28
Q

when was fatf founded

A

Headquarters: Paris, France
Founder: Group of Seven
Founded: 1989
President: Marcus Pleyer
Purpose: Combat money laundering and terrorism financing
Membership 39 of which 2 are eu and the gcc

29
Q

Together, the _____________________ set the international standard for anti-money laundering measures and combating the financing of terrorism and terrorist acts.

A

Forty Recommendations on Money Laundering and eight (now nine) Special Recommendations on Terrorism Financing