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Chinese transfer pricing rules apply to transactions between a Chinese business and domestic and foreign related parties. A related party includes enterprises meeting one of eight different tests, including 25% equity ownership in common, overlapping boards or management, significant debt holdings, and other tests.
The Foreign Exchange Management Act, 1999 (FEMA) is an Act of the Parliament of India "to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India". [1]
Foreign Trade (Development and Regulation) Act, 1992: This Act regulates the import and export of goods in India, including bullion. The Directorate General of Foreign Trade (DGFT) under the Ministry of Commerce and Industry is responsible for issuing licenses for the import and export of bullion.
A key issue in corporate tax is the setting of prices charged by related parties for goods, services or the use of property. Many jurisdictions have guidelines on transfer pricing which allow tax authorities to adjust transfer prices used. Such adjustments may apply in both an international and a domestic context.
The Third Protocol also inserts provisions to facilitate relieving of economic double taxation in transfer pricing cases. This is a taxpayer friendly measure and is in line with India's commitments under Base Erosion and Profit Shifting (BEPS) Action Plan to meet the minimum standard of providing Mutual Agreement Procedure (MAP) access in ...
Foreign trade in India includes all imports and exports to and from India. At the level of the Central Government , trade is administered by the Ministry of Commerce and Industry . [ 1 ] Foreign trade accounted for 48.8% of India's GDP in 2018.
These offices administer the Foreign Trade Policy and Procedures. While the Regional Offices at Kolkata, Delhi, Chennai and Mumbai are Zonal Offices which are headed by Additional Director General of Foreign Trade, the remaining Regional Offices are headed by Joint Director General, Deputy Director General and Assistant Director-General.
Although the amount of empirical analysis about transfer pricing is quite small, it is clear that the amount of trade mispricing occurring in African exports is higher than that of the developed world, since in Africa there is the insufficient implementation of OECD guidelines and generally less air-tight laws.