2-YEAR M.A. (INTERNATIONAL TAXATION)

SEMESTER –IV CHALLENGES AND FUTURE OF TAX TREATIES TAX COMPLIANCE

2.4.10 MUTUAL AGREEMENT PROCEDURE AND EXCHANGE OF INFORMATION AND ENFORCEMENT

Module I Mutual Agreement Procedure General Aspects (Art.25, paragraph 1)- Scope- OECD commentary on MAP - Cases of application of MAP- Request of MAP before/during domestic remedies: different approaches- Procedural Aspects- Administrative and Legislative- difficulties in interpretation or application of the Convention - elimination of double taxation in cases not provided for in the Convention -Arbitration

Module II Exchange of information (Art.26) Concept of tax information- Objectives of Exchange of Information, Types of Information, Modes and techniques of exchange of information, Treatment of the exchanged information (Art. 26, paragraph 2)- Reciprocal confidentiality, Cases of internal disclosure, Limitations to internal disclosure- Limitations to the exchange of information (Art. 26, paragraph 3)- Violation of domestic laws or administrative practices of domestic laws of requested contracting state- Violation of secrecy rules or public order - Information gathering measures (Art. 26, paragraph 4)- Concept of ‘information gathering measures’- FATCA- Individual tax Payers Rights v. State Rights to exchange of information, India-Cyprus example, Multilateral Convention on Exchange of Information, Domestic Provisions Sec. 90, 90A, 138, 285A, 285BA under Income-tax Act, 1961

Module III Assistance in the collection of Taxes (Art. 27)- Reciprocal assistance in collection (Art. 27, paragraph 1)- Duty of assistance, Procedural issues- Revenue-claim (Art. 27, paragraph 2)- Acceptance of Revenue-claim (Art. 27, paragraph 3)- Revenue-claim ‘finally owed’ by a person resident- Conservancy measures (Art. 27, paragraph 4) Time-limits and priority for revenue claims (Art. 27, paragraph 5)- Proceedings on revenue-claims (Art. 27, paragarph 6), Cessation of revenue-claims (Art. 27, paragraph 7)- Limitations to assistance (Art. 27, paragraph 8), - 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgements in Civil and Commercial Matters

2.4.11 TAXATION OF DIGITAL ECONOMY AND TAX AVOIDANCE

Module I Challenges of Digital Economy- BEPS Action Plan 1 Characterisation of income, Nexus with the tax jurisdiction, Attribution of value to the data- Tax Avoidance in Digital Economy, The Task Force on Digital Economy (TFDE) -Virtual PE- BEPS Pillar 1

Module II Domestic Law Responses Significant Equalisation Presence, Equalisation Levy- Withholding Tax under Sec. 194-O of the Income-tax Act, 1961, Digital Service Tax in UK and Australia, USTR Sec. 301 Digital Tax Investigations

Module III GeneralTax Evasion-Tax Avoidance-Tax Mitigation- Indian Jurisprudence and Comparative Jurisprudence on Tax Avoidance, General Anti-avoidance Rules, Principle Purpose Test- Chapter XA of the Income-tax Act, 1961

Module IV Limitations of Existing Tax Treaties treaty override- treaty shopping – LOB Rule- Tax havens- Beneficial ownership Rule, Global Intangible Low-taxed Income (GILTI) regime of the USA Indo-Mauritius, Indo-Singapore, Indo-Cyprus DTAA

Module V Tackling Tax Avoidance with Withholding Taxes Normative aspects of withholding, Issues and controversies on Withholding tax on foreign payments in India (Sec. 192, 195, 197, 194C, 194J)

2.4.12 BEPS, MLIs AND INTERNATIONAL TAXATION-THE WAY AHEAD

Module I Overview of BEPS Action Plans- Recommendations- BEPS Action 15 -Multilateral Instruments- Unified Approach- Synthesised Treaty texts- Global Anti-Base Erosion Proposal ("GloBE")

Module II Unfinished Agenda of BEPS-India-specific concerns- International developments- Latest issues and controversies - BEPS challenges of digital economy -Forum on Harmful Tax Practices ('FHTP')- Application of Bilateral Investment Treaties in tax matters