INSUBCONTINENT EXCLUSIVE:
following the renegotiation of tax treaties with Mauritius almost three years ago
Offshore Derivative Instruments like participatory notes (p-notes) and swaps are being executed through French banks or subsidiaries of some
global firms based in Paris, said five people familiar with the matter
Under the tax treaty between India and France, the right to tax capital gains on investments here lies with Paris.
Till April 1, 2017,
Mauritius was the most preferred route for foreigners to bring money into India because of zero taxes on investments done through the island
But, after the government changed the tax agreements on share transactions, Mauritius is losing its relevance among offshore funds and
Though equity derivative trades in India done through Mauritius and Singapore still enjoy the tax benefits, many funds and trading desks of
big banks are increasingly doing such transactions via France to ensure that all the investments are carried out from a single jurisdiction
They worry that share and derivatives trades done through two separate taxfriendly countries could invoke General Anti-Avoidance Rules
(GAAR) by the Indian tax authorities
GAAR, implemented in 2017, requires foreign investors to prove that they are in a jurisdiction not just to take advantage of the tax
Some of these banks, which had offices in Mauritius and Singapore for benefitting from the tax treaty, have moved them to France, said one
of the people quoted above
Having an office with sufficient staff and business operations are some of the ways through which tax men determine if a business
arrangement is genuine or not
advises at least two of these banks
which were earlier issued from Mauritius, are now being dealt in France, said a lawyer who represents leading FPIs.
This is mainly for
p-notes bought against a derivative trade in India
As per regulations, pnotes against Indian derivatives contracts can only be issued for hedging, which means clients need to own the shares
France will increase after Brexit later in January as European funds headquartered in London are looking for a new base
Post Brexit, UK-based funds will find it difficult to do pooling money from clients across the continent.
European laws allow passporting of
funds, which means a portfolio manager based in Luxembourg can pool money from investors across Europe.