Question map
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 :
Explanation
The correct answer is option D – Neither statement 1 nor 2 is correct.
**Statement 1 is incorrect:** Equalisation levy is not a part of income-tax Act[1]. Instead, it was introduced by way of separate chapter in the Finance Act, 2016. Like STT, it will remain[2] a separate tax. This makes it a distinct levy outside the Income Tax Act framework.
**Statement 2 is incorrect:** Non-resident service providers cannot claim tax credit against it in their home country under the Double Taxation Avoidance Agreements.[3] This is a key feature of the equalization levy – it operates outside the DTAA framework, meaning non-resident entities cannot offset this levy against their tax liabilities in their home countries.
The equalization levy was introduced in the Finance Act, 2016 which provided for a levy at 6% on the amount of consideration for any specified service received or receivable by a non-resident[4], and applies to digital services like online advertising provided by companies such as Google, Facebook, and Twitter.
Sources- [3] Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 89
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Legal Nuance' trap. UPSC didn't ask 'What is the rate?' (too easy); they asked 'Which Act governs it?' and 'Does DTAA apply?'. When studying new taxes or bodies, always verify the Statutory Parent (Finance Act vs. Income Tax Act) and its interaction with international treaties.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Was India's 2018 equalisation levy of 6% on online advertisement services offered by non-resident entities introduced as an amendment to the Income-tax Act?
- Statement 2: Can non-resident entities providing online advertisement services to Indian customers claim a tax credit in their home country under Double Taxation Avoidance Agreements (DTAA) for the 6% equalisation levy introduced by India in 2018?
- Says the equalisation levy was enacted as a separate chapter in the Finance Act, 2016 — indicating it was not introduced by amending the Income-tax Act.
- Describes the levy as a separate tax (like STT), reinforcing that it sits outside the Income-tax Act framework.
- Directly contrasts equalisation levy with withholding tax, stating: 'Equalisation levy is not a part of income-tax Act'.
- This supports the conclusion that the levy was not introduced as an amendment to the Income-tax Act.
- States India introduced the Equalisation Levy in the Finance Act, 2016 and that it provided for a levy at 6% on consideration for specified services by a non-resident.
- Identifies the statutory origin (Finance Act, 2016) and the 6% rate, supporting that the measure came via the Finance Act rather than as an Income-tax Act amendment.
Explicitly states Equalisation Levy is not under the Income Tax law but was introduced through the Finance Act 2016 as an independent levy.
A student could check the Finance Act 2016 text or schedules to see whether the levy was inserted into the Income-tax Act or enacted as a separate statutory provision.
Contrastingly asserts the levy 'was introduced as a part of the IT Act' and gives the 6% rate and scope (digital services/online advertisement).
A student could compare the wording of the Income-tax Act and the Finance Act/notifications to see which statute contains the levy provisions.
Presents the levy as an examination question itemising the claim 'It is introduced as a part of the Income Tax Act', indicating the claim is contested/treated as a discrete factual proposition.
Use the MCQ framing to justify verifying primary legal sources (Finance Act, Income-tax Act amendments) or authoritative commentary to resolve the exam-style assertion.
Notes Equalisation Levy is a direct tax on revenue (not profit) and reiterates 'but NO income tax under Income Tax Act 1961', implying separation from Income-tax Act obligations.
A student can use this functional distinction (tax on revenue, not income tax) to infer legislative placement — likely outside standard Income-tax Act income provisions — then verify statutory location.
Describes administration (withheld by Indian payers, threshold, non-resident companies cannot claim DTAA credits) which suggests a specific levy mechanism possibly different from standard Income-tax Act withholding rules.
Compare procedural features (withholding mechanism, DTAA interaction) against typical Income-tax Act withholding rules to see whether the levy follows Income-tax Act amendment patterns or a distinct scheme.
- Explicitly states non-resident service providers cannot claim tax credit against the equalisation levy under DTAAs.
- Describes the equalisation levy as a direct tax withheld by Indian recipients, linking collection mechanism to cross-border tax treatment.
- Mentions applicability threshold and practice, supporting its relevance to non-resident providers of digital services.
- Specifies the equalisation levy is charged at 6% on amounts paid to non-resident companies for online advertisement services.
- Connects the levy to non-resident digital advertisers (Google, Facebook, Twitter), confirming the levy’s subject and rate.
- [THE VERDICT]: Technical Trap. The question hinges on the specific legislative vehicle (Finance Act 2016 vs Income Tax Act 1961). Source: Economic Survey or detailed CA magazines.
- [THE CONCEPTUAL TRIGGER]: Base Erosion and Profit Shifting (BEPS) Action Plan 1 and Taxation of the Digital Economy.
- [THE HORIZONTAL EXPANSION]: Memorize: Equalisation Levy 2.0 (2020) covers e-commerce supply @ 2% (threshold ₹2 Cr); EL 1.0 (2016) covers ads @ 6% (threshold ₹1 Lakh); OECD Pillar 1 (Reallocation of taxing rights) vs Pillar 2 (Global Minimum Tax @ 15%); Significant Economic Presence (SEP) is in the IT Act.
- [THE STRATEGIC METACOGNITION]: When a new 'Levy' or 'Cess' appears in news, ask: Is it a tax on Income (IT Act) or a levy on transaction/service (Finance Act)? This distinction determines if DTAA applies. If it's not an 'Income Tax', DTAA usually doesn't cover it.
References conflict on whether the equalisation levy was enacted via the Finance Act (independent levy) or 'as part of the Income-tax Act', so understanding the legislative route is central to the question.
High-yield for UPSC: many questions test how taxes are created/amended (Finance Act, amendments to principal Acts). Mastering this clarifies whether a levy requires an amendment to the Income-tax Act or can be introduced by the Finance Act, and connects to broader constitutional/legislative topics on taxation.
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 4: Government Budgeting > Following are certain basic features of the above taxes: - > p. 170
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 88
Several references specify a 6% levy on online advertisement services by non-resident entities and describe its scope and applicability.
High-yield factual concept: knowing the nature (digital/equalisation levy), rate (6%), and target (non-resident providers of online ads) helps answer MCQs and short-notes on digital taxation, international tax policy and India-specific tax measures.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 88
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 89
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 4: Government Budgeting > Following are certain basic features of the above taxes: - > p. 171
References highlight that the equalisation levy is charged on revenue (not profit) and is distinct from income-tax under the Income-tax Act.
Useful for UPSC answers distinguishing types of fiscal instruments (direct tax on profits vs. levies on revenue), implications for compliance and international tax credits, and for comparative questions on tax incidence and policy design.
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 4: Government Budgeting > Following are certain basic features of the above taxes: - > p. 170
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 4: Government Budgeting > Following are certain basic features of the above taxes: - > p. 171
References identify a 6% levy on payments to non-resident firms for online advertisement; understanding this defines who and what is taxed.
High-yield for UPSC: questions probe digital taxation and revenue measures. Links to topics on taxation of digital economy, international taxation and government revenue. Master by comparing levy scope, rate, collection mechanism and affected entities.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 88
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 89
Evidence contrasts DTAA purpose with a specific statement that equalisation levy does not give rise to DTAA tax credits for non-residents.
Crucial for UPSC: DTAA is often tested in context of double taxation, FDI and BEPS. Understanding when foreign tax credits apply (and exceptions) helps answer policy and legal-scope questions; connects to international tax policy and bilateral treaties.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > GOOGLE TAX OR EQUALISATION LEVY > p. 89
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 5: Indian Tax Structure and Public Finance > Double Taxation Avoidance Agreement (DTAA) > p. 119
References discuss whether the equalisation levy is part of the Income Tax Act or an independent levy introduced via Finance Act, affecting its treatment under DTAAs.
Important for UPSC: legal classification determines applicability of treaty provisions and tax-credit treatment. Helps in analytical answers about jurisdictional taxation, treaty override and domestic law design. Study by mapping statutory source to treaty interaction.
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 4: Government Budgeting > Following are certain basic features of the above taxes: - > p. 170
- Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 4: Government Budgeting > Following are certain basic features of the above taxes: - > p. 171
The 'Significant Economic Presence' (SEP) concept. Unlike the Equalisation Levy (which is in the Finance Act), SEP was introduced *into* the Income Tax Act, 1961 to expand the definition of 'Business Connection'.
Apply the 'Purpose Logic': The Equalisation Levy was created specifically because standard Income Tax rules (and DTAAs) failed to tax digital giants. If it were part of the Income Tax Act and eligible for DTAA credit, it would defeat the purpose of a 'special' levy to capture untaxed money. Thus, it logically has to be outside the standard DTAA/IT Act framework. This hints that both statements are likely false.
Mains GS-2 (International Institutions) & GS-3 (Economy): This levy was a unilateral measure by India (and France's GAFA tax) pushing the OECD to finalize the 'Two-Pillar Solution'. It illustrates 'Fiscal Sovereignty' vs 'Global Consensus'.