Introduction:
The Safe Harbour Rules provide a structured process for businesses to simplify
transfer pricing in international transactions.
These rules help companies avoid disputes with tax authorities by allowing them
to declare transfer prices within predefined acceptable limits.
It is governed by Section 92CB of the Income Tax Act, aiming to reduce
complexity in transfer pricing regulations.
Key Amendments Introduced:
Extension of Safe Harbour Period:
The applicability of the Safe Harbour provisions has been extended to include
Assessment Years (AY) 2025-26 and 2026-27, ensuring continued benefits for
qualifying taxpayers.
Inclusion of Lithium-Ion Batteries as Core Auto Components:
The definition of ‘core auto components’ under Rule 10TA now encompasses
lithium-ion batteries for use in electric or hybrid electric vehicles. This
inclusion aligns with India’s push towards sustainable mobility and provides
tax certainty for manufacturers in the electric vehicle sector.
Increase in Threshold Limits for Eligible Transactions:
The monetary threshold for certain international transactions to avail Safe
Harbour provisions has been raised from INR 200 crore to INR 300 crore.
Transactions Covered Under Safe Harbour Rules
SHR applies to specified international transactions where taxpayers engage in
controlled transactions with their Associated Enterprises (AEs).
The key categories include:
Software Development and ITeS (Information Technology Enabled Services)
If a taxpayer earns at least 17-18% operating profit margin on total cost, the
transfer pricing will not be questioned.
Knowledge Process Outsourcing (KPO) Services
Requires a minimum operating profit margin of 18-24% depending on the
complexity of services.
Contract Research and Development (R&D) Services
For generic pharmaceutical R&D and software development R&D, a margin
of 24% or higher is accepted.
Manufacturing and Auto Components
Inclusion of Lithium-Ion Batteries (2025 Amendment): Recognized as a core auto
component under SHR.
Loans Advanced to Foreign Subsidiaries
Interest rates for intra-group loans in foreign currency are based on LIBOR + a
fixed spread.
Corporate Guarantees Provided to AEs
The SHR prescribes a minimum guarantee fee of 1-2%
Saturday, 5 April 2025
CBDT has expanded safe harbour rules:
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