India | Singapore - New Investment and Tax Strategies

FRIDAY, FEBRUARY 14, 2020

SESSION: 10:30 AM - 12:00 PM (SGT)

INTRODUCTION

On December 30, 2016, India signed its landmark third protocol to the India Singapore tax treaty, giving India the right to tax income from sale of shares of Indian companies with effect from April 1, 2017. At the same time, the Indian General Anti-Avoidance Rule came into effect in the Indian domestic tax law, axing flamboyant tax avoidance investment structures. Three years down the line, India and Singapore have both signed the Multilateral Instrument (MLI), to come into effect from April 1, 2020. Meanwhile, contemporary regulatory changes in Singapore including the much awaited introduction to the new Singapore Variable Capital Company are drawing investors closer to Singapore.

In this webinar, we will discuss the potential impact of Indian tax changes on investments into India, and also to glance at new investment and investment protection strategies.

Focus Area

The webinar will focus on contemporary investment and tax issues for private equity / growth funds to invest into India including:

  • MLI, GAAR, Singapore tax treaty: Interplay and impact on current investment structures
  • Union Budget 2020: Impact on foreign investors
  • Investment into India: new regimes, new taxes?
  • FPIs: Then and Now
  • VCC Structure: Traditional vs Contemporary models
  • Closing the deal: Negotiation of tax indemnities
  • Investment Protection Strategies
  • Q & A

Our Experts

VIVEK KATHPALIA

Head of Singapore and Leader of the TMT and Corporate Practice

Nishith Desai Associates

Mr. Vivek Kathpalia heads the Singapore office of the multi-skilled, research-based international law firm, Nishith Desai Associates. He globally leads the firms International Commercial Law Practice Group. He also is a leader in the M&A & PE practice group at the firm.

He globally co-leads the Information Technology, Telecommunications, New Media and Education Industry Practice Groups. He holds numerous management positions in the firm. Vivek divides his time between Singapore and India.

Vivek advises clients in complex cross-border transactions including, technology deals, M&A, private equity investments, regulatory & commercial matters across various industry sectors. As the partner in charge of the Singapore office, he leads the firm’s various initiatives in Asia and Japan.

He actively writes articles and papers in the Indian and foreign press and is often invited to speak at conferences both in India and internationally.

Vivek earned a Bachelor’s degree in Law from the Government Law College, Mumbai and is a Solicitor affiliated with the Bombay Incorporated Law Society. He is a member of the Bombay Bar Association, Bar Council of Maharashtra & Goa & the International Bar Association. He is a registered foreign attorney in Singapore since 2007.

 

PARUL JAIN

Co-Head, International Tax Practice

Nishith Desai Associates

Parul co-heads the International Tax Practice at Nishith Desai Associates. A lawyer and a chartered accountant by profession, she has close to two decades of experience in corporate and international tax field and specializes in M&A transactions and Private Equity space. Prior to joining Nishith Desai Associates, she was partner at M&A Tax practice in one of the Big Four accounting firms. She advises extensively on cross border taxation, acquisition and reorganisation strategies including debt funding and investment strategies. She has also worked closely with renowned fund managers in structuring set up of their offshore and domestic fund platforms, including providing advice on carry structuring from a legal and tax perspective. She has been recognized by International Tax Review World Tax 2013 and has also been listed in The Legal500 Directory. She has also been recognized as one of the Leading Women Leaders in Tax 2016, 2017 and 2019 by International Tax Review.

 

MEYYAPPAN NAGAPPAN

Leader, International Tax & Social Finance Practices

Nishith Desai Associates

Meyyappan Nagappan is a Leader in the International Tax practice at Nishith Desai Associates. He is a Pemanda Monappa Scholar and has graduated from Cambridge University with a Masters of Law specialising in International Taxation and economics. He was awarded the International Bar Association Taxes Committee Scholarship-2018 and was a speaker at the IBA conference in Rome. He completed his Bachelors in Law from NALSAR and has done extensive work advising some of the biggest tech companies on tax and structuring issues apart from publishing academic articles on taxation of digital economy. Prior to joining Nishith Desai Associates, he worked in the Chambers of Mr. Mohan Parasan, Solicitor General of India between 2010 – 2014; and was involved in some of the landmark international taxation disputes, direct and indirect taxation disputes in India during the time. He has also been a regular speaker in multiple conferences in India and abroad on issues relating to taxation of digital economy, GAAR, MLI, artificial intelligence, cryptocurrencies and blockchain. He also leads the impact investment, social finance, tax policy, taxation of digital economy and GST practices at NDA.

 

ASHISH KABRA

Leader, International Dispute Resolution & Investigations Practice, Singapore

Nishith Desai Associates

Ashish heads the disputes desk of the firm in Singapore. He focuses on commercial litigation, international arbitration and white-collar crimes. He is a registered foreign lawyer with the Legal Services Regulatory Authority, Singapore and the Singapore International Commercial Court.

Ashish is particularly adept in advising on shareholder and construction disputes, issues related to director liability and general commercial litigation. He has successfully represented several prominent individuals, private equity investors and corporate houses before the courts in India and in domestic and international arbitrations. He has an excellent record of building and implementing cogent strategies for resolution of complex international disputes.