<html><head><meta http-equiv="content-type" content="text/html; charset=utf-8"></head><body dir="auto"><div>You will find that even OECD guidelines are not adopted wholesale by any country that adopts them - they will specifically sign on to parts that they find acceptable, or specifically disclaim any that they don't accept.</div><div><br></div><div>As for the tax framework language, again - it entirely rests with countries whether or not they are to accept the language in them. Quibbling about the wording's origins is as unproductive an exercise as is possible.<br><br></div><div>In any case, India already signed it in 2012. So this discussion and the quotes of rather jingoistic posturing by a particular offiical appears moot to me. </div><div><br></div><div>This seems to be yet another occasion where certain officials make certain statements (like Mr.Puri's article you sent across the other day) whereas the actions taken by the relevant ministry - in the form of ministerial statements, treaties signed etc, appear to tell a different story altogether.</div><div><br></div><div><a href="http://www.thehindu.com/business/Economy/india-signs-international-tax-treaty/article2842560.ece">http://www.thehindu.com/business/Economy/india-signs-international-tax-treaty/article2842560.ece</a></div><div><br></div><div>--srs (iPad)</div><div><br>On 06-Jul-2013, at 20:21, parminder <<a href="mailto:parminder@itforchange.net">parminder@itforchange.net</a>> wrote:<br><br></div><blockquote type="cite"><div>
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<div class="moz-cite-prefix">On Saturday 06 July 2013 12:21 PM,
michael gurstein wrote:<br>
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<blockquote cite="mid:07f901ce7a15$50b98340$f22c89c0$@gmail.com" type="cite">
<pre wrap=""><a class="moz-txt-link-freetext" href="http://ca.news.yahoo.com/governments-target-tech-giants-tax-avoidance-draft">http://ca.news.yahoo.com/governments-target-tech-giants-tax-avoidance-draft</a>-
184553496.html</pre>
</blockquote>
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There seem to here be a recognition that inter-jurisdictional tax
issues related to global tech companies is a special issue, even
such issues also arising for other sectors (like with the case of
starbucks in the UK).... This is important..<br>
<br>
<br>
Secondly, it is neither OECD's nor G 20's (which incidentally
included India) job to discuss and decide on such a global issue.
This is essentially undemocratic. This kind of thing should be done
at a UN body.<br>
<br>
Also, it is completely against the view India recently took, which
was supported by other developing countries in the G 20 like Brazil
and China....<br>
<br>
To quote from their letter to the UN<br>
<br>
<blockquote>
<p class="MsoPlainText"><font face="Georgia, Times New Roman,
Times, serif" size="3">"In a 'letter from India' (reproduced
below), also published on the ECOSOC website, Sanjay Kumar
Mishra, Joint Secretary of the Central Board of Direct Taxes -
part of the Department of Revenue in India's Ministry of
Finance - said the OECD Model Tax Convention and the OECD
Transfer Pricing Guidelines had been developed 'on the basis
of consensus arrived at by the government of 34 countries (all
developed countries)'."</font></p>
<p class="MsoPlainText"><font face="Georgia, Times New Roman,
Times, serif" size="3">"It was 'inconceivable', he said, 'as
to how a standard developed by government of only 34 countries
can be accepted by government of other countries as "standard"
of sharing of revenue on international transactions between
source and resident country, particularly when it only takes
care of the interest of developed countries and has seriously
restricted the taxing powers of source country'."</font></p>
<font face="Georgia, Times New Roman, Times, serif" size="3">"A
covering note from India's Ambassador to the UN indicated that
the letter conveyed the Indian government's views on the
Secretary-General's report. The members of the UN tax committee
from China and Brazil 'generally supported' the Indian
government's position on this issue,</font>......."<br>
<br>
(quote ends) <br>
</blockquote>
<a class="moz-txt-link-freetext" href="http://twnside.org.sg/title2/resurgence/2012/268/cover04.htm">http://twnside.org.sg/title2/resurgence/2012/268/cover04.htm</a><br>
<br>
The above is an excerpt from the letter written by the Indian
government in context of a report of the UN Secretary General on the
issue, which inter alia observed <br>
<br>
<blockquote><font face="Georgia, Times New Roman, Times, serif" size="3"><font size="3">"</font> 'The UN, thanks to its
universal membership and its legitimacy, can be a catalyst for
increased international cooperation in tax matters for the
benefit of developed and developing countries alike. Since the
great majority of UN Member States are not members of either
OECD or the G20, it is the role of the UN to ensure the active
participation of developing countries, including the least
developed countries, in international tax cooperation
activities, which will ultimately be of benefit to them. <i><b>Only
if this level playing field is achieved, can enhanced tax
cooperation be truly respected as global.'</b></i></font><i><b>"</b></i>
(emphasis added)<br>
<br>
<br>
<br>
</blockquote>
<br>
<br>
<br>
<br>
<blockquote cite="mid:07f901ce7a15$50b98340$f22c89c0$@gmail.com" type="cite">
<pre wrap="">
</pre>
</blockquote>
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