New Year GIFT for MNC law and audit firms

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Foreign law and accountancy firms now have a chance to operate in India on their own. On January 3, the ministry of commerce and industry amended a rule allowing such foreign firms to set up offices and advise clients from SEZs. The move will initially benefit Gujarat International Finance Tec-City (GIFT).

Current regulations so far do not permit multinational law firms to operate in the country. Indian law and accountancy firms were also not allowed to operate from any of the SEZs. That rule has now been amended which would benefit financial centres.

The notification, dated January 6 but issued on January 3, by the department of commerce allows foreign law and accountancy firms to be established in SEZs. The earlier version of the rule, prior to the amendment, had excluded legal services and accounting.

“This will be the big enabler for the legal and accounting firms to expand their services in multi-services SEZ with IFSC (International Finance Service Centre) and thereby export their services to various global players,” said Nitin Potdar, partner, J Sagar, a law firm. As of now, only GIFT is a multi-services SEZ with an IFSC in India.

“Until now, no foreign law firm could operate in India and not even Indian firms were allowed to provide their services in any of the SEZs. The new amendment allows not only Indian law or accountancy firms to set up a base in GIFT, but even multinationals can directly advise upon international disputes or arbitration by setting up a base there,” Dipesh Shah, head, IFSC at GIFT, told ET.

While many foreign professional services firms such as Deloitte, PwC, KPMG and EY are present in India, they cannot directly operate as auditors and require an Indian affiliate. This amendment does away with that requirement at least in the case of GIFT.

Many Indian law firms have been opposing the entry of multinational law firms in India for some time. Going ahead, many multinationals could set up base in India but they will only be able to advise on cross-border transactions or disputes. Some are also looking to quickly take advantage of this and set up base in GIFT.

“Allowing law firms in GIFT for arbitration or other work would work as a catalyst for economic activities in the country. We ourselves are in discussions to set up an office in GIFT,” said Nishith Desai, founder of law firm Nishith Desai Associates.

But the amendment does not permit foreign law firms to advise Indian clients on local businesses and regulations. Their advice and help would be strictly restricted to arbitrations fought in GIFT, international mergers and acquisitions, international taxation or any other advice for operations outside India.

Industry experts say some foreign law firms may consider partnerships with Indian firms under the arrangement. There could also be stiff competition as both Indian and foreign firms would compete for the same clients in GIFT.

“Many law firms may set up their base in GIFT but that would take some time. And I am a firm believer that it would only lead to betterment of all law firms,” said Desai.

Source: http://economictimes.indiatimes.com/articleshow/56529046.cms

UAE firm launches world’s 1st offsite manufacturing park in TN

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The world’s largest and first fully integrated industrial park has been opened in Tamil Nadu by a NRI-owned multinational group based in the UAE that specialises in innovative offsite manufacturing technology.

KEF Infra, the infrastructure subsidiary of KEF Holdings yesterday launched the KEF Infra One Industrial Park, the fully integrated offsite manufacturing park in Krishnagiri, Tamil Nadu.

The park is built on an area of one million square feet and developed at an investment of Rs 650 crore, the company said in a release.

The chief guest for the occasion was Narayana Murthy, Founder of Infosys and Faizal E Kottikollon, Founder and Chairman, KEF Holdings, Shabana Faizal, Vice Chairperson, KEF Holdings, Sumesh Sachar, CEO, KEF Infra among others were also present.

The park features a diverse range of cutting-edge technology that can revolutionise manufacturing and delivery processes in the construction industry.

“Today, India is at the cusp of growth led by innovation and we are pioneering an age where technology is being effectively integrated into infrastructure, thus heralding industrial revolution 4.0. Our aim is to fast forward this progress by radically changing the landscape of infrastructure in India.

“Offsite manufacturing of infrastructure reduces delivery time by up to two-thirds, thereby speeding up the construction process. The launch of KEF Infra One is a step towards our vision of pushing forth the next phase of India’s growth through world class infrastructure and we are proud to present this to the world,” Kottikollon said who was born into an industrialist family in Kerala.

Narayana Murthy said India has always been on the path of development, and with the arrival of technology, has witnessed exponential growth.

“However, every sector that contributes to India’s progress is supported by infrastructure that is future-ready. This is where KEF Infra is a true pioneer and is helping shape the future of the infrastructure industry as well as that of the country as a whole,” he said.

Source: http://www.business-standard.com/article/pti-stories/uae-firm-launches-world-s-1st-offsite-manufacturing-park-in-tn-116122000574_1.html

Transfer pricing treaty for investors from cyprus

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The government on Monday afternoon clarified that according to the amended Cyprus treaty, investors need to pay only 10% tax with retrospective effect from November 1, 2013, instead of the 30% tax they have already paid. While bringing in clarity on this matter, a lacunae as far as transfer pricing still remains.

The genesis of the problem lies in 2013. The government had, on November 1, 2013, blacklisted Cyprus as an investment destination through a notification. So, investments made through Cyprus attracted 30% tax (TDS) instead of 10% tax under the original India-Cyprus treaty.

The government had blacklisted Cyprus after the island country had refused to share some data related to investors with India.

The government also said that transfer pricing could also apply on returns given to Cyprus investors by Indian companies.

However, the government later amended the treaty (through a notification on December 14, 2016) after Cyprus agreed to co-operate on sharing investor data. Under the amended treaty, the higher taxation part was rescinded. But the transfer pricing portion still remains unclear.

What led to a cause of worry was the fact that many private equity investors had paid 30% tax between 2013 and 2016 on returns from Indian investments. The government clarification on Monday came as many foreign investors were worried that the 10% tax would not be applicable for the three years between 2013 and 2016. However, following Monday’s clarification, they can now claim refunds from the tax department.

Most of the investors used Cyprus as a pooling vehicle to invest in Indian real estate. Most of the investments were in debt vehicles. In some cases, while the equity investment were made either in listed or unlisted companies through Mauritius or Singapore, debt investments were made through Cyprus.

Transfer pricing conundrum
Transfer pricing is normally only applied in cases where two companies— one an Indian and another multinational— do a merger or acquisition. People close to the development said that some of the transfer pricing adjustments could be made in the coming months. In cases where the tax officers have already gone ahead with the transfer pricing procedures, it may not be possible to undo it, say experts.

Treat for genuine investors, though need for clarity in Tax Rules
This reworked Tax Treaty comes very much after India demonstrated flexibility and lifted the so called sanctions after Cyprus agreed to share information on tax evaders. The reworked tax treaty between India and Cyprus for effective information sharing is also a step towards global cooperation on tax transparency. It will provide relief to genuine investors in Cyprus. But investors loathe uncertainty. The need is for stability and certainty in the tax system, and therefore tax rules must be clear.

Source: http://economictimes.indiatimes.com/articleshow/56073396.cms

SoftBank to invest $1 billion in US venture OneWeb as part of $50 billion pledge

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SoftBank Group Corp has agreed to invest $1 billion in US. satellite venture OneWeb Ltd, marking the first tranche of a $50 billion US. investment the Japanese telecoms and technology company’s founder Masayoshi Son pledged to President-elect Donald Trump.

 

“Earlier this month, I met with President-Elect Trump and shared my commitment to investing and creating jobs in the United States,” Son said in a joint statement with OneWeb. “This is the first step in that commitment.”

The investment is part of a $1.2 billion fundraising by OneWeb, which is seeking to provide affordable internet access to people around the world with satellites.

The remaining $200 million will be funded by its current investors, which include Qualcomm Inc, Airbus Group and Virgin Group. The transaction is expected to close in the first quarter of 2017.

In making his $50 billion pledge in the meeting with Trump, Son said his investment would create 50,000 new jobs, a move the US. President-elect claimed was a direct result of his election win.

The latest investment will come directly from SoftBank, not from a $100 billion tech fund it is launching with Saudi Arabia, even though Son has said that large-scale investments would be made through the tech fund to avoid a further expansion of its debt.

OneWeb, established in 2012 and based in Arlington, Virginia, plans to use the funds to build a plant in Florida to produce low-cost satellites, creating almost 3,000 new jobs in the United States over the next four years.

Son is steering SoftBank, a diverse company that holds stakes in US carrier Sprint, Chinese e-commerce giant Alibaba and other firms, towards cutting-edge tech investments as the telecoms services markets mature. It purchased U.K. chip design firm Arm Holdings for $32 billion this year in Japan’s largest ever overseas deal.

Source: http://economictimes.indiatimes.com/articleshow/56068014.cms

Philippines fastest-growing economy in developing Asia

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The Philippine economy grew at its fastest pace in three years last quarter, underscoring the nation’s resilience to global risks as investment surged and consumers spent more.

Gross domestic product increased 7.1% from a year earlier, the Philippine Statistics Authority said in Manila on Thursday. The median estimate of 15 economists surveyed by Bloomberg was 6.7%.

Compared with the previous quarter, GDP rose 1.2%, in line with economists’ estimates

Undeterred by risks such as Donald Trump’s protectionist ambitions and President Rodrigo Duterte’s rants against the US, the Philippine economy is set to expand more than 6% until 2018 to rank among the fastest-growing in the world, accordng to economists surveyed by Bloomberg.

Last quarter’s growth exceeded China’s 6.7% and Vietnam’s 6.4% in the same period. India, which posted growth of 7.1% in the second quarter, is yet to publish GDP data for the three months through September.

Gifted with a young population and backed by $50 billion of revenue from remittances and outsourcing, the Philippines is getting an additional boost from Mr Duterte’s $160-billion infrastructure plan aimed at creating jobs. Projects include at least $1 billion of contracts to build an airport and a railway to transform a former US military base into a commercial hub.

Philippine stocks rose a second day, climbing as much as 2.2%. They were up 1.1% as of 1101am in Manila.

The peso was little changed at 49.32 per dollar.

“Philippines will remain an outperformer in the region,” said Rahul Bajoria, a senior economist at Barclays Plc in Singapore. “It is domestically driven, with consumption holding up quite well and the fiscal spending being planned. The global risks we’re seeing including to trade won’t fundamentally alter its prospects.

“In the short term at least, we expect the economy will continue growing at a decent pace,” Gareth Leather, senior Asia economist at Capital Economics Ltd in London, said in a note. “The foundations are in place for growth to remain strong, but recent political events, both in the US and domestically, have made the outlook much less certain.”

“Putting money on infrastructure-related stocks is the smart bet and it’s exactly what I am doing,” said John Padilla, who helps manage about $9.1 billion at Metropolitan Bank & Trust Co, the Philippines third-largest money manager. “This growth poses now more challenge for President Duterte to keep the pace. It supports the view that Philippines needs infrastructure to sustain this growth.”

Household spending, which makes up about 70% of GDP, rose 7.3% from a year earlier. Government spending gained 3.1% and investment surged 20%.

Source: http://www.bangkokpost.com/news/asean/1137576/philippines-fastest-growing-economy-in-developing-asia

Foreign direct investment jumps 77.5% to $5.15 billion in September

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With the government relaxing FDI policy and taking steps to improve ease of doing business, the Foreign Direct Investment in the country increased by 77.5 percent to USD 5.15 billion in September this year.

In September 2015, the FDI had stood at USD 2.9 billion, according to the data of the Department of Industrial Policy and Promotion (DIPP).

During April-September period of this fiscal, FDI in the country grew by 30 percent to USD 21.62 billion as compared to USD 16.63 billion in the same period last year.

Among the top 10 sectors, services received the maximum FDI of USD 2.29 billion during the first half of this fiscal, followed by telecommunications (USD 2.78 billion), trading (USD 1.48 billion), computer software and hardware (USD 1.03 billion) and automobile (USD 729 million).

During the period, India received the maximum FDI from Mauritius (USD 5.85 billion) followed by Singapore (USD 4.68 billion), Japan (USD 2.79 billion), the Netherlands (USD 1.61 billion) and the US (USD 1.43 billion).

During financial year 2015-16, foreign fund inflows grew at 29 percent to USD 40 billion as against USD 30.93 billion in 2014-15.

The government relaxed FDI norms in various sectors, including defence and civil aviation to boost FDI in the country.

Foreign investments are considered crucial for India, which needs around USD 1 trillion to overhaul its infrastructure sector such as ports, airports and highways to boost growth.

Growth in foreign investments helps improve the country’s balance of payments (BoP) situation and strengthen the rupee.

Source: http://www.firstpost.com/business/foreign-direct-investment-jumps-77-5-to-5-15-billion-in-september-3101162.html