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ARTICLE · 15 MARCH 2019

Govt Reconsidering Limits On Royalty Payouts To Foreign Parents

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms

IndiaGovernment, Public Sector

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago.

A report published in Economic Times in December 2018 ago (See) suggests that the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce, is preparing a note for consideration by the Union Cabinet along these lines.

According to the report, the royalty payout from firms for intellectual property alone is estimated to be equal to 20% of the total foreign direct investment (FDI) into the country. As per official data, these royalty payments amounted to Rs 27,000 crore (about $4 billion) in 2017-18, which was a significant increase from the Rs 22,728 crore in the previous financial year. Independent research by experts at the Indian

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