Clarification regarding taxability of consortium members- (Ministry of Finance ) (07 Mar 2016)

MANU/DTCR/0008/2016

Direct Taxation

The Central Board of Direct Taxes moved to dispel ambiguities behind treatment of consortiums as an ‘Association of Persons’ for the purposes of taxation. It has defined attributes, in the existence of which consortiums may not be treated as AOP. The non-exhaustive list of attributes states: a clear demarcation in the work and costs between consortium members; profit or loss based on performance of contract of each member; common management of consortium is only for administrative convenience. Typically formed to partake in large-scale infrastructure projects, the Department has worked on the premise that such consortiums constitute an ‘Association of Persons’. Assessees have contended that despite being jointly and severally liable towards the contract, responsibilities and liabilities of all members of consortiums were clearly defined. A lack of legislation and court decisions variable on the ‘facts and circumstances of the case’ have been adding to a field of legal brambles.

Relevant : Linde AG, Linde Engineering Division and Anr. v. Deputy Director of Income Tax MANU/DE/0986/2014 ABC v. Director of Income Tax (International Taxation-I) New Delhi MANU/AR/0026/2012

Tags : ASSOCIATION OF PERSONS CONSORTIUM TAXABILITY