India and the US agree on transitional approach for India’s 2% Equalisation Levy pursuant to Pillar One solution

 

This Tax Alert discusses the recent Press Release dated 24 November 2021 issued by Government of India on the compromise reached between India and the United States of America (US) on a transitional approach to the treatment of existing e-commerce Equalisation Levy (EL) during the interim period before new Pillar One rules come into effect.

As per the Press Release, India and the US have agreed that the same terms that apply under the joint statement released by the US with five European countries on 21 October 2021 shall apply between the US and India with respect to India’s charge of 2% EL.

Considering the Press Release and 21 October joint statement, impact on India’s 2% EL could be as follows:

• India will not be required to withdraw 2% EL until Pillar One takes effect. However, India will allow a credit of the portion of 2% EL chargeable on non-resident (NR) e-commerce operator (NR EOP) belonging to a multinational enterprise (MNE) during “interim period” against that MNE’s future “Pillar One Amount A” tax liability, when Pillar One rules are in effect. As per the Press Release, interim period will begin from 1 April 2022 till the implementation of Pillar One or 31 March 2024, whichever is earlier.
• The US will terminate its proposed trade actions against India regarding the 2% EL.
• India and the US will remain in close contact to ensure that there is a common understanding of the respective commitments and endeavor to resolve any further differences of views on this matter through constructive dialogue.