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of <h1>New Guidelines for Classifying R&D Centers in India: Focus on Risk Assumption and Control by Foreign Principals.</h1> The circular addresses the classification of Research and Development (R&D) centers in India operated by foreign companies, focusing on their role in contract R&D services with minimal risk. It outlines guidelines for identifying such centers, emphasizing that the foreign principal should perform significant functions, provide capital, and supervise activities, while the Indian center should not assume substantial risks or own research outcomes. The circular also notes that if the foreign principal is in a low-tax jurisdiction, it is presumed not to control risk unless proven otherwise. Tax authorities are advised to consider these guidelines and the actual conduct of parties in transfer pricing assessments.
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