Union Budget 2021-22: What’s Brewing for Foreign Investors in India?
With the budget for the year 2021-22 being rolled out, foreign investors who are interested in investing in India have started analysing the proposals that Indian government has proposed in the budget so that they could make potential investment decisions in a timely manner. This year’s budget has not missed the target and has ensured a big room for the foreign investors. To substantiate, firstly, a proposal has been made to make suitable amendments in the relevant legislation so as to enable the debt financing of Real estate investment trusts (REITs) and infrastructure investment trusts (InvITs) by Foreign Portfolio Investors (FPIs). Moreover, a relief has been provided to FPIs by making a proposal that enables deduction of tax on dividend income at lower treaty rate so that FPIs are not over-burdened with the tax liability. Similarly, it has been proposed that the permissible limit of FDIs in Insurance companies will be increased to 74% from 49% thereby allowing foreign ownership and control with safeguards in the Insurance sector.
Further, in order to reduce compliance in foreign investment in infrastructure sector where 100% tax exception is available, to foreign Sovereign Wealth Funds and Pension Funds, on their income from investment in Indian infrastructure, proposal has been made to unwind some of the complexities that were being faced related to direct investments, private funding, commercial transaction, etc. Even, reforms have been proposed to enhance foreign investments in educational sector. Proposal has been made to place a regulatory mechanism that could allow dual degrees, twinning arrangements and other such mechanisms which can help in collaborating academically with foreign higher educational institutions. Seemingly, this budget has also dealt with the problem faced by NRIs regarding their income accrued on foreign retirement benefit account due to mismatch in taxation. Therefore, to deal with this problem, a proposal has been made to tune in such rules which could help in aligning the taxation of income arising on foreign retirement benefits accounts so that the hardships faced by the NRIs can be removed in a phased-manner.
Hence, this year’s budget has tried to widen the scope of foreign investments in India by proposing reforms in several sectors ranging from Insurance to Education, Infrastructure to Portfolio management, etc. The government has also tried to reduce the complexities for foreign investment in India. One can anticipate that, with the Indian government proposing ample attractive opportunities for the foreign investors to invest in India, there will be a percentage increase of FDI inflow in the present financial year.
He holds a Bachelor’s and Master’s Degree in Corporate Secretaryship and a Degree in Law. He is a Fellow member of the Institute of Company Secretaries of India and an Associate Member of the Corporate Governance Institute, UK and Ireland. He has also completed a program from ISB on ‘Value Creation through Mergers and Acquisitions.
Mr P Muthusamy is an Indian Revenue Service (IRS) officer with an outstanding career of 30+ years of experience and expertise in all niche areas of Indirect Taxes covering a wide spectrum including GST, Customs, GATT Valuation, Central Excise and Foreign Trade.
During his judicial role, he heard and decided a large number of cases, including some of the most sensitive, complicated, and high-stake matters on insolvency and bankruptcy, including many cases on resolution plans, shareholder disputes and Schemes of Amalgamation, De-mergers, restructuring etc.,
Ms. Sarah Abraham has been enrolled with the Bar Council of Tamil Nadu since 1998. Her areas of practice include Shareholder Disputes, Corporate Compliances, Mergers and Acquisitions, Private Equity/ Venture Capital Agreements and allied disputes, Information Technology Contracts, Intellectual Property, General Commercial Agreements, Litigation, Arbitration and Mediation.
A K Mylsamy is the Founder, Managing Partner and the anchor of the firm. He holds a Degree in law and a Degree in Literature. He is enrolled with the Bar Council of Tamil Nadu.
M Subathra holds a Degree in law and a Master’s Degree in International Business Law from the University of Manchester, United Kingdom. She is enrolled with the Bar Council of Tamil Nadu.
Mr. K Rajendran is a former Indian Revenue Service (IRS) officer with a distinguished service of 35 years in the Indirect Taxation Department with rich experience and expertise in the fields of Customs, Central Excise, Service Tax and GST. He possesses Master’s Degree in English literature. Prior to joining the Department, he served for the All India Radio, Coimbatore for a period of about 4 years.
An MBA from the Indian Institute of Management, Calcutta, and an M.Sc. in Tourism Management from the Scottish Hotel School, UK, Ashok Anantram was one fo the earliest IIM graduates to enter the Indian hospitality industry. He joined India Tourism Development Corporation (ITDC) in 1970 and after a brief stint proceeded to the UK on a scholarship. On his return to India, he joined ITC Hotels Limited in 1975. Over the 30 years in this Organisation, he held senior leadership positions in Sales & Marketing and was its Vice President – Sales & Marketing. He was closely involved in decision making at the corporate level and saw the chain grow from a single hotel in 1975 to a very large multi-brand professional hospitality group.
Mani holds a Bachelor Degree in Science and P.G. Diploma in Journalism and Public Relations. He has a rich and varied experience of over 4 decades in Banking, Finance, Hospitality and freelance Journalism. He began his career with Andhra Bank and had the benefit of several training programs in Banking.
Mr. Kailash Chandra Kala joined the Department of Revenue, Ministry of Finance as ‘Customs Appraiser’ at Mumbai in the year 1993.
S Ramanujam, is a Chartered Accountant with over 40 years of experience and specialization in areas of Corporate Tax, Mergers or Demergers, Restructuring and Acquisitions. He worked as the Executive Vice-President, Group Taxation of the UB Group, Bangalore.
K K Balu holds a degree in B.A and B.L and is a Corporate Lawyer having over 50 years of Legal, Teaching and Judicial experience.
Justice M. Jaichandren hails from an illustrious family of lawyers, academics and politicians. Justice Jaichandren majored in criminology and then qualified as a lawyer by securing a gold medal. He successfully practiced in the Madras High Court and appeared in several civil, criminal, consumer, labour, administrative and debt recovery tribunals. He held office as an Advocate for the Government (Writs Side) in Chennai and was on the panel of several government organizations as senior counsel. His true passion lay in practicing Constitutional laws with focus on writs in the Madras High Court. He was appointed Judge, High Court of Madras in December 2005 and retired in February 2017.
S Balasubramanian is a Commerce and Law Graduate. He is a member of the Delhi Bar Council, an associate Member of the Institute of Chartered Accountants of India, the Institute of Company Secretaries of India and Management Accountants of India.