CBDT issued guidance on applying the Principal Purpose Test ...

CBDT Guidelines Clarify Principal Purpose Test Application Under Tax Treaties, Preserving Grandfathering For Cyprus, Mauritius, Singapore Agreements.

January 25, 2025

Circulars     Income Tax

CBDT issued guidance on applying the Principal Purpose Test under India's DTAAs, effective from MLI's entry into force on October 1, 2019. The PPT provision enables denial of treaty benefits where obtaining such benefits was a principal purpose of any arrangement, unless aligned with the DTAA's object and purpose. The guidance clarifies prospective application timeframes - from the effective date for bilateral PPTs, and as per MLI Article 35 for MLI-modified treaties. Notably, existing grandfathering provisions in Cyprus, Mauritius and Singapore DTAAs remain outside PPT's scope. Tax authorities may reference BEPS Action 6 Report and UN Model Tax Convention Commentary for case-specific application, subject to India's reservations.

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