Switzerland Revokes MFN Status In Tax Treaty With India Following Nestle Verdict
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1 week, 2 days ago

Switzerland Revokes MFN Status In Tax Treaty With India Following Nestle Verdict

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Switzerland has taken unilateral action following the Supreme Court of India's ruling in the Nestle case, revoking India's "Most Favoured Nation" status under the Double Taxation Avoidance Agreement. The court ruled that the MFN clause between two countries does not automatically apply when a nation joins the Organisation for Economic Co-operation and Development, mainly when India already had a tax treaty with the country before its OECD membership. Switzerland assumed that with Colombia and Lithuania joining the OECD, the 5 per cent dividend tax rate would apply to the India-Switzerland tax treaty under the MFN clause, replacing the previously agreed-upon rate of 10 per cent. Instead, the terms of the prior tax treaty take precedence unless the MFN clause is explicitly mentioned in a "notification" as per Section 90 of the Income Tax Act.

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