Make-available test excludes dependent research support fees from FTS treatment, leaving them taxable only as business profits.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Under the India-Singapore DTAA, research management support services qualify as fees for technical services only where they make available technical knowledge, skill, know-how or processes, or develop and transfer a technical plan or design that enables independent use by the recipient. Continued dependence on the service provider and merely incidental benefits do not establish such technology transfer. The notes state that the receipts were therefore business profits and not taxable in India without a permanent establishment. They also record that the limitation challenge to final assessments following the draft-assessment procedure failed because retrospectively operative provisions governed the assessment-completion period. Reopening and DIN-related issues remained open.....