Foreign cos get GST relief on loans to Indian arms
Business Standard|June 28, 2024
18% GST on additional fees, other considerations on providing loans
SHRIMI CHOUDHARY
Foreign cos get GST relief on loans to Indian arms

In a relief for foreign firms giving I loans to Indian subsidiaries, tax ices tax (GST) will not be imposed on them, subject to some caveats.

Additional fees, commissions, or related payments - over and above the amount charged as interest on these loans will attract GST at 18 per cent, the Central Board of Indirect Taxes and Customs (CBIC) has said.

The move is expected to end uncertainties on taxing loans/credit among group companies - a matter plaguing foreign entities.

The issue arose during GST audits and resulted in tax notices being served.

In taxation terms, the matter involved valuing services of foreign affiliates when the Indian recipient can claim full input tax credit (ITC).

The CBIC has said the open market value of such services can be the invoiced amount by the Indian company, assuming full ITC is available.

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