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75<br />

<strong>International</strong> <strong>Business</strong>- <strong>Dr</strong>. R. <strong>Chandran</strong><br />

• Exemption from stamp duty on documents relating to offshore business<br />

transactions.<br />

• Exemption from stamp duty on documents relating to offshore business<br />

transactions.<br />

• Exemption from customs duty on imported office equipment.<br />

• No withholding tax on interest payable on deposits raised from nonresidents<br />

by offshore banks.<br />

• Double taxation avoidance treaty with a number of countries.<br />

• Expatriate staff is subject to a concessionary personal income tax rate.<br />

• No estate duty or inheritance tax is payable on the inheritance of shares<br />

in an offshore entity.<br />

• No capital gains tax.<br />

OFFSHORE FINANCIAL CENTERS AND IMPLICATIONS<br />

FOR INDIA<br />

A synthesis of the role and evolution of OFCs in select countries, their<br />

operative mechanisms, regulatory framework and privileges delineated in<br />

the preceding sections highlight various factors that contribute to the<br />

attractiveness of OFCs, Certain common facilities/exemptions/concessions<br />

have been worked out to form offshore banking in India.<br />

With the Government having announced the policy of promoting<br />

Special Econ9mic Zones (SEZs) which would, inter alia, serve to attract<br />

world class investors, and at the same time contribute towards the country’s<br />

export efforts, it is pertinent to take into account the factors highlighted<br />

above that have contributed to successful OFCs around the world. This is<br />

very important, as it is necessary to create a policy environment relating to<br />

finance and banking which is conducive as also internationally competitive.<br />

The main requirements of such a policy are given below.<br />

• Conducive fiscal regime, such as minimal taxation or low tax jurisdiction<br />

with an extensive web of bilateral tax treaties; no income tax, capital<br />

gains or wealth taxes on individuals, stamp duty, customs duty, estate<br />

tax, inheritance tax, etc.<br />

• No withholding of income tax on non-resident depositors in OFCs.<br />

• Stringent banking secrecy rules.<br />

• Absence of exchange control or minimal control.<br />

• Exemption from several prudential regulations including reserve<br />

requirements limitations on investments, limitations on acquisitions of<br />

immovable property, etc.<br />

Only for Private Circulation

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