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The Indian
Black Money Saga
Black Money (Undisclosed Foreign Income &
Assets) & Imposition of Tax Act, 2015
 Act aims to curb black money or undisclosed foreign assets &
income & imposes tax & penalty on such income
 Passed by both Houses of Parliament
 Received assent of President of India on 26 May 2015
 Came into effect from 01July 2015
 Allows levy of tax in India on assets kept abroad
 Act Includes
◦ Provisions to deal with problem of Black money that is
undisclosed foreign income & assets
◦ Procedure for dealing with such income & assets
◦ Provides for imposition of tax on any undisclosed foreign income
& asset held outside India
◦ For matters connected therewith or incidental thereto
Declaration of Foreign Assets
 One-time 90-day compliance window
provided to holders of undeclared foreign
assets ended September 30
 Provided an opportunity to foreign assets
holders to declared assets
 Payment of a total of 60% tax & penalty &
escape stringent provisions of new Black
Money law
The Penalty
 Law provides for a compliance window for declaring & paying
penalty
 Failure to meet compliance timeline will attract an additional
penalty of 90 % for a total tax liability of 120 percent on the
quantum of black money stashed abroad
Black Money Amount Declared
 Government collected Rs 4,147 cr during
black money disclosure compliance window
 Revised figure took into account
declarations that came via envelops
 This is higher than previously announced
amount of Rs 3,770
 Previous amount announced was based on
a preliminary count
 Total number of disclosures remains 638
 Total tax receipt from black money declared
during window would be Rs 2,488.20 crores
Help from Foreign allies to dig deeper into
Black Money data
 India has found global allies in its fight against
black money
 Germany, France, Switzerland, Singapore,
Mauritius & the British Virgin Islands are among
those providing information or will soon start doing
so
 Information will be on assets held by Indians to
help crack down on unaccounted wealth
 Freer exchange of financial information is possible
due to accords such as Foreign Account Tax
Compliance Act (Fatca) with US
G20 Brisbane Summit
 At G20 nations Brisbane summit leaders endorsed a new
global transparency standard
 Standard states allows more than 90 jurisdictions to
automatically exchange tax information
 A common reporting standard to automatically exchange tax
information should be effective by 2017-18
Present Black Money Situation in India
 Finance Minister Arun Jaitley justifiably pointed out that bulk
of black money was within India
 Multiple mechanisms are in existence which create &
perpetuate black money
 Black money is also allowed to move into India through
various mechanisms
Is the Government’s move to curb
Black Money Justified?
 Government has insisted on a strong approach to black
money
 However government might have chosen wrong ways to
go about curbing the menace
 Government has imposed harsh & severe laws that give
too much power to the already intimidating taxman
 Structural as well as legal & policy changes are needed
 Changes in structure & policies may minimize creation &
transfer of black money
 The executive & regulators have fallen short
Conclusion
 Need to minimize India's black economy is urgent
 However focus should be on regulatory & policy fixes
 With effective information-sharing ability of Indians to hide their
assets overseas will disappear fast
 Like US, India should negotiate with tax havens better to secure
past information
 From 2017, most countries will automatically exchange
information on tax-evaders
 India will be able to establish audit trails on complex deals in
future
 Government should also mandate companies to identify their
real owners & make the registry public
 We must pull out all the stops to fight black money
THANK you
Images are for representation purposes only

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The Indian Black Money Saga

  • 2. Black Money (Undisclosed Foreign Income & Assets) & Imposition of Tax Act, 2015  Act aims to curb black money or undisclosed foreign assets & income & imposes tax & penalty on such income  Passed by both Houses of Parliament  Received assent of President of India on 26 May 2015  Came into effect from 01July 2015  Allows levy of tax in India on assets kept abroad  Act Includes ◦ Provisions to deal with problem of Black money that is undisclosed foreign income & assets ◦ Procedure for dealing with such income & assets ◦ Provides for imposition of tax on any undisclosed foreign income & asset held outside India ◦ For matters connected therewith or incidental thereto
  • 3. Declaration of Foreign Assets  One-time 90-day compliance window provided to holders of undeclared foreign assets ended September 30  Provided an opportunity to foreign assets holders to declared assets  Payment of a total of 60% tax & penalty & escape stringent provisions of new Black Money law
  • 4. The Penalty  Law provides for a compliance window for declaring & paying penalty  Failure to meet compliance timeline will attract an additional penalty of 90 % for a total tax liability of 120 percent on the quantum of black money stashed abroad
  • 5. Black Money Amount Declared  Government collected Rs 4,147 cr during black money disclosure compliance window  Revised figure took into account declarations that came via envelops  This is higher than previously announced amount of Rs 3,770  Previous amount announced was based on a preliminary count  Total number of disclosures remains 638  Total tax receipt from black money declared during window would be Rs 2,488.20 crores
  • 6. Help from Foreign allies to dig deeper into Black Money data  India has found global allies in its fight against black money  Germany, France, Switzerland, Singapore, Mauritius & the British Virgin Islands are among those providing information or will soon start doing so  Information will be on assets held by Indians to help crack down on unaccounted wealth  Freer exchange of financial information is possible due to accords such as Foreign Account Tax Compliance Act (Fatca) with US
  • 7. G20 Brisbane Summit  At G20 nations Brisbane summit leaders endorsed a new global transparency standard  Standard states allows more than 90 jurisdictions to automatically exchange tax information  A common reporting standard to automatically exchange tax information should be effective by 2017-18
  • 8. Present Black Money Situation in India  Finance Minister Arun Jaitley justifiably pointed out that bulk of black money was within India  Multiple mechanisms are in existence which create & perpetuate black money  Black money is also allowed to move into India through various mechanisms
  • 9. Is the Government’s move to curb Black Money Justified?  Government has insisted on a strong approach to black money  However government might have chosen wrong ways to go about curbing the menace  Government has imposed harsh & severe laws that give too much power to the already intimidating taxman  Structural as well as legal & policy changes are needed  Changes in structure & policies may minimize creation & transfer of black money  The executive & regulators have fallen short
  • 10. Conclusion  Need to minimize India's black economy is urgent  However focus should be on regulatory & policy fixes  With effective information-sharing ability of Indians to hide their assets overseas will disappear fast  Like US, India should negotiate with tax havens better to secure past information  From 2017, most countries will automatically exchange information on tax-evaders  India will be able to establish audit trails on complex deals in future  Government should also mandate companies to identify their real owners & make the registry public  We must pull out all the stops to fight black money
  • 11. THANK you Images are for representation purposes only