With reference to India's decision to levy an equalization tax of 6% on online advertisement services offered by non-resident entities, which of the following statements is/are correct?
1. It is introduced as a part of the Income Tax Act.
2. Non-resident entities that offer advertisement services in India can claim a tax credit in their home country under the "Double Taxation Avoidance Agreements".
Select the correct answer using the code given below:
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer: Option D
Explanation
1. Statement 1 is incorrect. The equalization levy (at 6% on specified online advertisement services) was introduced by India through the Finance Act, 2016, as a separate chapter, not as a part of the Income Tax Act. This was done partly to avoid conflicts with existing tax treaties.
2. Statement 2 is incorrect. Because the equalization levy was introduced outside the Income Tax Act, it was generally not covered under the taxes eligible for tax credit under most Double Taxation Avoidance Agreements (DTAAs) that India has with other countries. Therefore, non-resident entities offering these services typically could not claim a tax credit for the levy paid in India in their home country.