The course is designed to provide an overview of a foreign legal system, in this case, the Indian tax regime with a focus on direct taxation and international tax treaties.

One may wonder, what is so intriguing about the Indian tax system. To provide some context, India is the largest democracy in the world, with its income tax law dating back to 1800s. India has had a rapid growth and economic trajectory over the past decades making it the fifth largest economy of the world. India has signed close to 100 tax treaties ranging from mid 1900s and is presently at the forefront of advocating for reform in the extant allocation of taxing rights in the OECD Model Convention. India’s story (just like that of any country) can also be understood from a tax lens, which is what this course will seek to do.

The course will begin by introducing the Indian tax system and relevant domestic law provisions relating to international tax treaties. The course will then focus on key issues involving interplay with international tax law through reading of applicable statutory provisions, landmark cases and provisions of Indian tax treaties. The key issues that will be discussed are the residence rule for foreign companies (place of effective management), source rules pertaining to business income (business connection - permanent establishment – significant economic presence), fees for technical services, royalties and transfer of capital assets. India is one of the first few countries to introduce some of these provisions in applicable domestic law / treaties which is what makes these an interesting subject of study, even for an international audience.

After this course, students are able to:
- Analyze European/International tax law questions in respect of a foreign legal system
- Evaluate comprehensive, international fact cases concerning European/International tax law in the context of a foreign legal system
- Describe the cornerstones of a foreign tax law regime
- Compare foreign tax law with Austrian tax law (or domestic tax law of another country) in order to gain a broader perspective thereon.

> 70% attendance requirement

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Readings before the lectures Session 1 Eduardo A. Baistrocchi, The International Tax Regime and the BRIC World: Elements for a Theory, Oxford Journal of Legal Studies, Vol. 33, No. 4 (Winter 2013), pp. 733-766 (34 pages) Session 2 CBDT Circular 06 of 2017 on Place of Effective Management Sriram Govind, India and its Tryst with Subjective Rules: An Analysis of the Recent Place of Effective Management Guidance, Asia Pacific Tax Bulletin, Volume 23, Issue 3 (2017). Volkswagen Finance Pvt. Ltd. v. Income Tax Officer, International Taxation, MANU/IU/0391/2020. Session 3 KPMG Flash News, The Vodafone decision – a synopsis, 20 January 2012.

• 1. When writing a seminar paper, the introduction must contain a declaration of the use of AI. If no form of AI was used, a note to this effect is sufficient. If AI was used, the introduction must explain accordingly where and in what form.
  2. For seminar papers, increased attention will be paid to:
• Whether the processed legal status is up-to-date
• Correct/existent citations
• Correct use of abbreviations
• Comprehension
• Errors in the outline