New Rule 11UD on significant economic presence

New Rule 11UD on Thresholds for the purposes of significant economic presence– Income-tax (13th Amendment) Rules, 2021

NOTIFICATION
INCOME-TAX

G. S. R. 314(E).— In exercise of the powers conferred by the clause (a) and clause (b) of Explanation 2A to sub-section (1) of section 9 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. Short title and commencement. —
   (1) These rules may be called the Income-tax (13th Amendment) Rules, 2021.
   (2) They shall come into force with effect from the 1st day of April, 2022.
   
2. In the Income-tax Rules, 1962, after rule 11UC, the following rule shall be inserted, namely:-
   
   “11UD. Thresholds for the purposes of significant economic presence. —
   (1) For the purposes of clause (a) of Explanation 2A to clause (i) of sub-section (1) of section 9, the amount of aggregate of payments arising from transaction or transactions in respect of any goods, services or property carried out by a nonresident with any person in India, including provision of download of data or software in India during the previous year, shall be two crore rupees;
   
   (2) For the purposes of clause (b) of Explanation 2A to clause (i) of sub-section (1) of section 9, the number of users with whom systematic and continuous business activities are solicited or who are engaged in interaction shall be three lakhs. ”.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) vide number S.O. 969 (E), dated the 26th March, 1962 and last amended vide notification number G.S.R. 301(E), dated 30th April,2021.

Notification

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