Central Government notifies Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting - 57/2019 - Income Tax

Multilateral Instrument implements BEPS treaty measures in India, modifying tax treaty benefits, anti abuse and dispute rules.

Central Government notifies that the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) shall be given effect in India according to India's Position in the Annex. The Convention modifies Covered Tax Agreements to implement BEPS measures (treaty abuse rules including PPT and Simplified LOB, hybrid mismatch and dual residence rules, permanent establishment anti avoidance, methods for elimination of double taxation, dispute resolution and corresponding adjustments). India elects Article 5 Option C, applies PPT as interim and the Simplified LOB, chooses Article 9(4), Option A for Article 13, substitutes 'taxable period' for 'calendar year' under Article 35, records reservations (notably on dividend holding periods and mutual agreement procedure presentation) and declines Part VI arbitration.