Last week's G20 agreement to tighten norms for "non-cooperative" tax havens
is unlikely to yield higher tax revenues for India or more stringent tax
inspections for companies that route their investments through these havens.
This is because the majority of investment flows from the locations
identified in the communique issued last Friday are those with which India
has signed bilateral tax agreements.

India has Double Taxation Avoidance Agreements with more than 70 nations.
Twenty-nine of these are classified by the Organisation for Economic
Co-operation and Development as jurisdictions that have substantially
complied with international tax standards.

Of these 70 countries, Mauritius and Cyprus account for nearly half of
India's foreign direct investment and portfolio flows. Between April 2000
and January 2009, the two countries accounted for nearly 46 per cent of FDI
flows into the country. Both countries are on the OECD's compliance list.

 *Haven-sent opportunities
*April 2000 - January 2009    *In Rs crore* *In US$* *% of total FDI*
Mauritius 152,768 35.18 43 Cyprus 8,805 2.02 3 Others 214,200 49.00 54 Total
375,773 86.20 100

"The government is unlikely to take any hostile action against these two
countries," said a senior finance ministry official requesting anonymity.

Of the remaining 41, only one - the Philippines - figures on the OECD
blacklist. The remaining 40 are either not considered "tax havens" or are in
the "grey list" - that is countries that have agreed to implement tax
standards. Austria and Belgium are two "grey list" financial centres with
which India has DTAAs.

Finance ministry officials said tightening norms on existing agreements was
not possible. Only fresh DTAAs could incorporate watertight provisions to
curtail tax evasion, the official added.

India has been trying to renegotiate its treaty with Mauritius for the past
few years on account of suspected "round-tripping" of funds that takes place
as a result of the DTAA. To this end, the Indian government even offered
incentives in terms of a one-time compensation payment. The former British
colony, however, is not willing to do so. "Mauritius is a friendly country
and the government is unwilling to take any unilateral action," said the
finance ministry official.

Round-tripping refers to taking the tax-evaded money from India and
rerouting it back through a tax-friendly location like Mauritius. "It's
tough to get information on round-tripping," said Rahul Garg, executive
director of PricewaterhouseCoopers.

The other way of revenue loss to the Indian government is called "treaty
shopping", under which firms headquartered in, say, US or Europe, route
their investments through Mauritius because of the low tax rate in the
island nation.

However, an estimate of revenue loss due to DTAAs could not be obtained.


http://business.rediff.com/report/2009/apr/07/crackdown-on-tax-havens-india-to-gain-little.htm

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