The “Taxation of Royalty“ paid for intangibles has often been a contentious matter involving litigation under not only the direct taxation regime but also the indirect taxation regime. Recently, there has been a further flare-up on this front with notices being issued to MNCs demanding VAT on royalty for the grant of a license to use intangibles.
By these notices, the tax authorities have alleged that foreign enterprises and/or companies have transferred the right of use of these intangibles to the Indian entities and consequently these ‘deemed sale‘ transactions (as per the VAT enactments) are taxable transactions whereby the resultant royalty is liable for tax within India.
In this Webinar, our expert Dhruva panel analyse and provide a 360 degree perspective on the numerous implications under the existing VAT laws and the points of mitigation and then dwell on the consequences of royalty under the GST regime with an emphasis on the valuation aspects and a congruence with Transfer Pricing laws.