Under section 9 of the Income-tax Act, 1961 (the Act), any income arising from transfer of any share of or interest in a foreign company or entity that derives its value substantially from the assets located in India, is deemed to accrue or arise in India.

• For this purpose, following were to be prescribed:
• the manner of computation of fair market value (FMV) of Indian and global assets of the foreign company or entity,
• determination of income attributable to assets situated in India, and
• information or documents required to be maintained and furnished by the Indian concern under section 285 of the Act.

The draft rules in this regard were formulated and placed in public domain on 23.05.2016 for comments from stakeholders and general public. After due consideration of the comments received, the Government has notified the Rules vide S.O. No. 2226 (E) dated 28.06.2016. These rules will be applicable from the date of publication in the Official Gazette, i.e.; 28.06.2016. The rules and formulation thereof is part of the Government’s continuing effort at providing predictable, transparent and fair tax regime.

The Notification is also available on the website, www.incometaxindia.gov.in

Indirect transfer rules: fair market value computation and reporting requirements for transfers deriving value from Indian assets. Deeming provisions treat income from transfer of shares or interests in a foreign entity as accruing in India where value derives substantially from Indian assets; the notified rules prescribe the manner of computing fair market value of the entity's Indian and global assets, set a framework for determining income attributable to assets situated in India, and specify the information and documents the Indian concern must maintain and furnish to enable assessment and verification of such attributable income.