SEBI Seeks Clarity from CBDT on Tax Responsibilities of Foreign Portfolio Investors' Representatives
SEBI seeks CBDT clarity on tax role of authorised representatives of FPIs
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The Securities and Exchange Board of India (SEBI) has requested the Central Board of Direct Taxes (CBDT) to clarify the obligations of 'authorised representatives' (AR) for foreign portfolio investors (FPIs) amid concerns over tax liabilities. This comes as FPIs face uncertainty regarding their tax representation in India, impacting their operations.
- 01SEBI is seeking clarity from CBDT on the obligations of authorised representatives for FPIs.
- 02Many professionals are hesitant to serve as ARs due to potential tax liabilities.
- 03The new income-tax rules require FPIs to appoint either an AR or a representative assessee.
- 04SEBI aims to ease processes for FPIs amid concerns over tax demands.
- 05A master circular is expected to be released in May to clarify regulations.
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The Securities and Exchange Board of India (SEBI) has approached the Central Board of Direct Taxes (CBDT) to clarify the roles and responsibilities of 'authorised representatives' (AR) for foreign portfolio investors (FPIs) in India. Under new income-tax regulations, FPIs must designate an AR or a 'representative assessee' (RA) when registering to trade on Indian stock exchanges. However, many professionals are reluctant to take on the AR role due to fears of being held liable for unpaid taxes, especially after recent scrutiny of foreign investors by tax authorities. SEBI's chief general manager, Aparna Thyagarajan, indicated that discussions with CBDT are ongoing to address these concerns and provide clarity. The regulator is also working to streamline processes for FPIs, including faster application approvals and clearer rules for identifying beneficial owners. A master circular is anticipated in May to help clarify these regulations, which are crucial for maintaining foreign investments in India's capital markets.
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The lack of clarity on tax responsibilities may deter foreign investments in India, affecting capital market dynamics.
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