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International Tax: Q&A repository

90 practical questions mapped to the hub framework.

IDQuestionFinin2min answer
INQ001Does a foreign vendor automatically pay tax in India?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ002Can a treaty reduce domestic withholding?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ003Is a tax residency certificate alone sufficient?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ004What replaces Form 3CEB under the Income-tax Rules, 2026?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ005Can safe harbour and MAP both apply to the same accepted transaction?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ006When can a subsidiary become a permanent establishment?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ007How is foreign tax credit evidenced?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ008What is a deemed international transaction?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ009Can an APA cover earlier years?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ010Does a guarantee create transfer-pricing exposure?Use the relevant module, statutory anchor and official source. The answer depends on facts and effective date.
INQ011What is the first check for residence, source and cross-border tax nexus?Map the legal person, tax residence and beneficial owner.
INQ012Which law governs residence, source and cross-border tax nexus?Residence rules and source provisions under the Income-tax Act, 2025; Section 159 treaty framework; Applicable DTAA and protocol
INQ013What documents support residence, source and cross-border tax nexus?Contract and statement of work, Tax residency certificate and prescribed declaration, Invoice, payment and remittance documents, Technical architecture and access-rights note
INQ014What is a common risk in residence, source and cross-border tax nexus?Relying only on invoice description
INQ015Give a practical example of residence, source and cross-border tax nexus.An Indian company pays a Singapore vendor for a cloud platform. The label “subscription” does not decide tax. The rights granted, hosting model, access to source code, service content, payer location and treaty article must be reviewed together.
INQ016What is the first check for permanent establishment and business connection?Test fixed place, service, construction, installation, agency and digital nexus separately.
INQ017Which law governs permanent establishment and business connection?Domestic business-connection and source provisions; Relevant DTAA Article 5 and Article 7; CBDT guidance and binding judgments
INQ018What documents support permanent establishment and business connection?Travel calendar, Organisation and reporting lines, Office/site access evidence, Contracts and revenue attribution working
INQ019What is a common risk in permanent establishment and business connection?Counting days without treaty-specific rules
INQ020Give a practical example of permanent establishment and business connection.A foreign engineering company sends specialists to India for repeated project visits. Travel days, project duration, site control, subcontracting and treaty-specific service-PE language may alter the result.
INQ021What is the first check for royalty, software and technical services?Separate software copy/use from transfer of copyright rights.
INQ022Which law governs royalty, software and technical services?Domestic royalty and fee-for-technical-services definitions; Relevant DTAA royalty/FTS article; Supreme Court ruling in Engineering Analysis and subsequent law
INQ023What documents support royalty, software and technical services?Licence agreement, End-user restrictions, Architecture note, Treaty and protocol file
INQ024What is a common risk in royalty, software and technical services?Copying old opinions without checking contract rights
INQ025Give a practical example of royalty, software and technical services.A licence permits internal use of standard software with no right to reproduce, modify or commercially exploit it. The agreement, actual deployment and treaty wording—not the product name—drive the analysis.
INQ026What is the first check for non-resident withholding and remittance controls?Create a payment taxonomy and approval matrix.
INQ027Which law governs non-resident withholding and remittance controls?Non-resident withholding provisions under the Income-tax Act, 2025; Income-tax Rules, 2026 and remittance forms; Applicable DTAA
INQ028What documents support non-resident withholding and remittance controls?Vendor tax pack, Tax memo, Form/certificate trail, Bank remittance evidence
INQ029What is a common risk in non-resident withholding and remittance controls?Applying treaty rate without documents
INQ030Give a practical example of non-resident withholding and remittance controls.A contract says the vendor must receive USD 100,000 net of Indian taxes. The gross-up can materially change project cost and must be modelled before signature.
INQ031What is the first check for dtaa, mli and treaty entitlement?Start with domestic law, then treaty.
INQ032Which law governs dtaa, mli and treaty entitlement?Section 159; Applicable DTAA and protocol; Multilateral Instrument positions
INQ033What documents support dtaa, mli and treaty entitlement?TRC and prescribed form, Ownership chart, Board and substance evidence, MLI/treaty analysis
INQ034What is a common risk in dtaa, mli and treaty entitlement?Using an online treaty rate table as final law
INQ035Give a practical example of dtaa, mli and treaty entitlement.A holding company claims a reduced dividend rate. Substance, decision-making, funding, beneficial ownership and treaty anti-abuse provisions must be assessed, not just the certificate of residence.
INQ036What is the first check for foreign tax credit and double-tax relief?Map foreign income to Indian heads and tax year.
INQ037Which law governs foreign tax credit and double-tax relief?Income-tax Act, 2025 double-tax relief provisions; Income-tax Rules, 2026 foreign-tax-credit procedure and forms; Applicable treaty
INQ038What documents support foreign tax credit and double-tax relief?Foreign return, Tax certificate, Payment evidence, Income reconciliation
INQ039What is a common risk in foreign tax credit and double-tax relief?Claiming gross foreign withholding without limitation
INQ040Give a practical example of foreign tax credit and double-tax relief.An Indian employee receives overseas stock compensation on which foreign tax is withheld. Vesting, exercise, sale and residency periods may split the income and credit across jurisdictions.
INQ041What is the first check for transfer pricing scope and associated enterprises?Map direct and indirect ownership.
INQ042Which law governs transfer pricing scope and associated enterprises?Sections 161–164; Income-tax Rules, 2026; Form 48 under section 172
INQ043What documents support transfer pricing scope and associated enterprises?Group chart, Intercompany agreements, Ledger extraction, Related-party and guarantee register
INQ044What is a common risk in transfer pricing scope and associated enterprises?Testing only the 26% shareholding condition
INQ045Give a practical example of transfer pricing scope and associated enterprises.An Indian distributor buys from an unrelated manufacturer, but pricing and supply terms are agreed between the manufacturer and the distributor’s overseas parent. The deemed-transaction rule may require TP reporting.
INQ046What is the first check for functional analysis and tested-party selection?Interview operating teams, not only tax personnel.
INQ047Which law governs functional analysis and tested-party selection?Sections 161 and 165; Income-tax Rules, 2026 comparability provisions; OECD materials as persuasive guidance
INQ048What documents support functional analysis and tested-party selection?Interview notes, Decision matrix, Asset/IP register, Risk-control evidence
INQ049What is a common risk in functional analysis and tested-party selection?Template FAR copied year to year
INQ050Give a practical example of functional analysis and tested-party selection.An Indian captive is described as “low-risk,” but it negotiates customers, controls credit and develops local marketing intangibles. The contract and actual conduct require reconciliation.
INQ051What is the first check for arm’s-length methods and economic analysis?Define the controlled transaction accurately.
INQ052Which law governs arm’s-length methods and economic analysis?Section 165; Income-tax Rules, 2026 method and comparability rules; Government notifications on tolerance range where applicable
INQ053What documents support arm’s-length methods and economic analysis?Search strategy, Comparable set, Adjustment workbook, Method-rejection memo
INQ054What is a common risk in arm’s-length methods and economic analysis?Choosing TNMM by default
INQ055Give a practical example of arm’s-length methods and economic analysis.A contract manufacturer with reliable third-party product prices may support CUP; a routine service provider without comparable prices may require a profit-based method.
INQ056What is the first check for documentation, form 48 and audit trail?Create a transaction-to-ledger reconciliation.
INQ057Which law governs documentation, form 48 and audit trail?Sections 171 and 172; Rules 78–85 and Form 48 under the Income-tax Rules, 2026; Transition/savings under section 536
INQ058What documents support documentation, form 48 and audit trail?Form 48 working, Ledger reconciliation, TP study, Management representation
INQ059What is a common risk in documentation, form 48 and audit trail?Using legacy Form 3CEB references for Tax Year 2026-27
INQ060Give a practical example of documentation, form 48 and audit trail.A company’s ledger shows management fees of ₹6 crore, while the agreement and TP report show ₹5.6 crore. The ₹40 lakh difference must be resolved before filing.
INQ061What is the first check for safe harbour rules?Confirm eligible assessee and transaction.
INQ062Which law governs safe harbour rules?Section 167; Rules 86–93; Form 49 and related statements
INQ063What documents support safe harbour rules?Eligibility memo, Form 49, Margin computation, Annual option tracker
INQ064What is a common risk in safe harbour rules?Assuming safe harbour eliminates all documentation
INQ065Give a practical example of safe harbour rules.A captive service provider should compare safe-harbour margin, expected comparable range, cash tax, MAP access and documentation burden before opting.
INQ066What is the first check for advance pricing agreements and rollback?Choose unilateral, bilateral or multilateral route.
INQ067Which law governs advance pricing agreements and rollback?Sections 168–169; Rules 105–120 and Forms 50–54; CBDT APA programme guidance
INQ068What documents support advance pricing agreements and rollback?APA application pack, Critical-assumption dashboard, Annual compliance report, Rollback analysis
INQ069What is a common risk in advance pricing agreements and rollback?Treating APA as a negotiation disconnected from actual conduct
INQ070Give a practical example of advance pricing agreements and rollback.A multinational with recurring software-development services may use a bilateral APA where corresponding relief and double-tax certainty justify the longer process.
INQ071What is the first check for mutual agreement procedure?Identify the treaty breach and competent authorities.
INQ072Which law governs mutual agreement procedure?Rule 121 and Form 55; Applicable DTAA MAP article; CBDT MAP guidance
INQ073What documents support mutual agreement procedure?MAP request, Tax assessment orders, TP reports for both countries, Double-tax computation
INQ074What is a common risk in mutual agreement procedure?Missing treaty time limit
INQ075Give a practical example of mutual agreement procedure.A foreign tax authority increases the parent’s income for an intercompany service charge. The Indian entity may seek corresponding relief through MAP while protecting domestic appeal rights.
INQ076What is the first check for master file and country-by-country reporting?Determine constituent-entity and group-reporting status.
INQ077Which law governs master file and country-by-country reporting?Section 511; Rules 123–124; Forms 56–60
INQ078What documents support master file and country-by-country reporting?Group structure, Consolidated financials, Master file, CbCR reconciliation
INQ079What is a common risk in master file and country-by-country reporting?Threshold calculation errors
INQ080Give a practical example of master file and country-by-country reporting.If the Indian entity says it owns local marketing intangibles but the master file says all market development is centrally controlled, the inconsistency can trigger scrutiny.
INQ081What is the first check for interest limitation and cross-border financing?Identify direct and deemed AE debt.
INQ082Which law governs interest limitation and cross-border financing?Section 177; Transfer-pricing provisions; Applicable treaty and FEMA borrowing framework
INQ083What documents support interest limitation and cross-border financing?Loan agreement, Guarantee, Interest model, Credit analysis
INQ084What is a common risk in interest limitation and cross-border financing?Looking only at legal lender identity
INQ085Give a practical example of interest limitation and cross-border financing.An overseas parent guarantees a third-party loan to its Indian subsidiary. The debt may be treated as AE-supported for interest-limitation purposes and may also require guarantee benchmarking.
INQ086What is the first check for gaar, treaty anti-abuse and substance?Document commercial objective before execution.
INQ087Which law governs gaar, treaty anti-abuse and substance?GAAR provisions under the Income-tax Act, 2025; Treaty principal-purpose and limitation provisions; Section 536 transition where relevant
INQ088What documents support gaar, treaty anti-abuse and substance?Commercial rationale memo, Board papers, Employee/substance evidence, Alternative analysis
INQ089What is a common risk in gaar, treaty anti-abuse and substance?Post-facto board minutes
INQ090Give a practical example of gaar, treaty anti-abuse and substance.A conduit entity inserted shortly before a sale, with no decision-makers or risk, requires much deeper review than a long-standing operating regional headquarters.

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