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CBDT notifies rules for foreign tax credit, FMV
July, 04th 2016

In a separate notification, the CBDT also notified rules for calculating ‘fair market value’ of assets located in India in case of indirect transfer by multinational companies for the purpose of tax levy.

Corporates earning income abroad will be able to claim credit for taxes, surcharges and cesses paid abroad with the tax department notifying Foreign Tax Credit rules. The rules, which come into effect from April 1, 2017, allow taxpayers to claim credit of foreign tax under dispute, once it is finally settled. FTC, however, will not be allowed in case of interest, fee or penalty.

In a separate notification, the CBDT also notified rules for calculating ‘fair market value’ of assets located in India in case of indirect transfer by multinational companies for the purpose of tax levy.

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As per the rule, the fair market value (FMV) of listed companies will be computed on the basis of a formula taking into account its market capitalisation, book value of liabilities and total number of shares. In case of an unlisted firm, the FMV would be determined by a merchant banker or accountant as per internationally accepted methodology.

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