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FM has justified the 2% equalisation levy (EL) imposed by India on the supply of services by multinational enterprises (MNEs), saying it is a sovereign right to tax revenues earned from operations in the country.
Tech giants and e-commerce firms have been asking India to withdraw the 2% EL on non-resident companies.
Equalisation Levy was conceptualized in 2015, as an interim measure, as one of the three measures to tackle the emerging issue from digital transactions proposed by the OECD in Pillar 1 action plan of Base Erosion and Profit Shifting (BEPS) project.
The equalization levy is aimed at taxing foreign companies which have a significant local client base in India but are billing them through their offshore units, effectively escaping the country’s tax system.
BEPS refers to tax planning strategies used by multinational enterprises that exploit gaps and mismatches in tax rules to avoid paying tax.
Subsequently OECD/G20 inclusive framework on BEPS provides a solution for global tax consists of two pillars:
Pillar One: Applied to about 100 biggest and most profitable MNEs (global turnover above 20 bilion euros and profitability above 10%), it reallocates part of their profits to places where they sell products or provide services.
Pillar Two: Applied to larger MNEs, i.e., companies with over EUR 750 million of annual revenue, it subjects them to the global minimum corporate tax of 15% from 2023.