Switzerland Revokes ‘Most Favored Nation’ Status for India
Switzerland has revoked the “Most Favored Nation” (MFN) status previously granted to India. Analysts suggest this move could pose new challenges for India’s export sector and impact trade and economic relations between the two countries.
Following this decision by the Swiss government, the withholding tax rate for Indian companies in Switzerland will revert to 10%. Previously, in 2021, this rate had been reduced to 5%. The report was published by India Today.
According to World Trade Organization (WTO) rules, granting MFN status to a country requires the provision of special privileges related to tariffs and trade policies. Under the MFN clause, if India and a third OECD (Organization for Economic Cooperation and Development) country enjoy lower tax rates on dividends, interest, royalties, or technical service fees, these benefits must also apply between India and Switzerland.
However, a ruling by India’s Supreme Court in September 2023 created a roadblock in this arrangement. The case involved the Swiss-based company Nestlé. The court ruled that, under Section 90(1) of India’s Income Tax Act, such provisions of a double taxation avoidance agreement cannot be enforced without a specific notification.
Following this ruling, Switzerland’s Finance Department announced on Wednesday that the MFN status granted to India cannot be directly applied without such a notification. Consequently, Switzerland decided to suspend the unilateral application of MFN benefits starting January 1 of the coming year.
During a weekly press briefing on Friday (December 13), Indian Ministry of External Affairs spokesperson Randhir Jaiswal addressed Switzerland’s decision. He stated, “I believe the matter will be revisited under the EFTA (European Free Trade Association) framework regarding the double taxation avoidance agreement. That’s one aspect. The other is the ‘Most Favored Nation’ clause. I don’t have any updates on this right now. We will provide details later.”
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