TAX PRACTICE

Tax incidence is an issue that has to be addressed in any transaction. All in-bound and out-bound transactions have a tax incidence. Our tax practice aims at adopting a wholistic approach, we complement each and every area of our practice. We keep abreast with the developments in the international arena especially as regards characterization of income, interpretation of permanent establishment in the ever changing technological stratosphere, and bring our expertise to a wide range of areas including obtaining advance rulings for our clients, rendering advice in the field of e-commerce or even to artists and athletes which are visiting India. Apart from international taxation, our advice on domestic tax issues encompasses direct taxation, indirect taxation - including service tax and the recently introduced transfer pricing legislations.

Our practice in the tax arena focuses on:

    • Advising our clients on the entire gamut of taxation, direct and indirect, treaty interpretation, and transfer pricing.
    • Integrating various legal systems viz. civil or common law into the tax planning besides factoring private/public international laws into the tax strategy.
    • Rendering comprehensive tax advice on in-bound and out-bound investments and structuring of the transaction through a tax favorable jurisdiction most suitable to such transaction
    • Coordinating with foreign counsels on behalf of our clients, who are setting up operations overseas or are undertaking a contract with a foreign entity to ensure global tax optimization and adherence to foreign laws and regulations
    • Giving advice on any transaction undertaken with an Indian resident, be it with reference to treaty interpretation or withholding tax issues in India
    • Giving advice on transactions undertaken by an Indian resident with foreign entities; our advice covers treaty interpretation and application of Indian tax laws to such transaction
    • Obtaining advance tax rulings for our clients, in respect of a transaction undertaken or to be undertaken by them
    • Representing our clients in tax litigations
    • Drafting tax related provisions in various offer documents, such as for international or domestic offerings
    • Advising clients on issues relating to specified areas such as tax incidence in relation to engineering, procurement and construction contracts, offshore mining contracts, to name a few
    • Giving industry specific tax advice to funds, e-commerce transactions, banks, insurance companies, the media and entertainment sector, telecommunications sector, cross-border lease transactions, to name a few,
    • Assisting our clients in globalizing their operations. We give advice on which holding company structure would be most suitable with a view to ensuring global tax efficiency
    • Conducting tax due diligence for our clients as in the case of international offerings or of the other party in case of takeover, merger, acquisition or other form of restructuring
    • Advising artistes and athletes on their tax planning
    • Advising Governments on tax policies and acting as legal, economic and political think

Our Research Papers:

Other allied material:

Contact details: For further information and / or suggestions, please contact Shefali Goradia
Email: shefali@nishithdesai.com