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Court had said govt needs to notify MFN tax rate for its applicability

Multinational companies based in the Netherlands, Switzerland, and France may face retrospective tax demands of around ₹11,000 crore on dividend income repatriated from India. This follows a Supreme Court ruling stating that the lower 5% withholding tax on dividend income is not applicable to all OECD countries on a most favoured nation (MFN) basis. The court held that the 5% rate only applies to companies based in countries with which India has a double taxation avoidance agreement (DTAA).

Several multinational companies headquartered in the Netherlands, Switzerland and France could be staring at retrospective tax demands for close to ₹11,000 crore on dividend income repatriated from India, following a Supreme Court ruling last week.

The top court set aside a 2021 Delhi High Court ruling that allowed Nestle SA, Concentrix Services, Steria and others a concessional withholding tax rate of 5% on dividend income from their Indian arms, extending the MFN clause in the OECD.

The Supreme Court has ruled that the 'Most Favoured Nation' (MFN) clause in tax treaties does not automatically apply and requires a separate notifica