India-US trade deal: Commerce Ministry advised against accepting ‘unilaterally framed obligation' on digital taxes

Indian Express

9 hours ago

Legal advisers to the Commerce and Industry Ministry have suggested that Indian negotiators dealing with their US counterparts should not accept Washington's proposal that prohibits India from reintroducing equalisation levy-style taxes, such as the 'Google tax', in the future, a person aware of the negotiations told The Indian Express.
The advice was offered on the grounds that the provisions drafted by the US did not state that both parties should refrain from applying digital taxes on each other. Rather, they sought a legal commitment only from the Indian side and were seen as a 'unilaterally framed obligation', the source said.
While the US offers a range of digital services in India and American tech companies have long lobbied against any taxes on such services, India also exports a wide range of digital services to the US — particularly in the IT sector — generating the majority share of its total services exports earnings from the US market.
Another concern raised with the government was that agreeing to such unilateral provisions could set a risky precedent for future trade negotiations, where similar demands could be made by other trading partners during talks with New Delhi, thereby complicating future negotiations.
In a move to assuage US concerns about India being a high-tariff nation, the Central government in March proposed abolishing the equalisation levy on online advertisements as part of the amendments to the Finance Bill, 2025.
An equalisation levy is a measure to 'equalise' the tax treatment of resident and non-resident e-commerce companies. As part of the 35 amendments to the Finance Bill, 2025, the Centre proposed removing the 6 per cent equalisation levy (EL) it charges on digital ads, effective from 1 April 2025.
A query emailed to the Commerce and Industry Ministry remained unanswered till press time.
'Digital taxation is typically discussed outside the framework of a trade agreement. It is a nation's sovereign right to decide on such matters, and India should reserve that right. Bringing it under the scope of a trade agreement weakens your position. We need to examine the digital trade chapters of the US and Australia, which India must study carefully. Australia has provided the US with a carve-out that allows for protections for US services. We also need to secure our IT/ITeS and technology exports from taxation in the US, our largest market' Arpita Mukherjee, professor at Indian Council for Research on International Economic Relations (ICRIER) said.
Notably the US has forced Indonesia to several steep terms on digital trade. Indonesia has committed to address barriers impacting digital trade, services, and investment, a White House statement said.
'Indonesia will provide certainty regarding the ability to transfer personal data out of its territory to the United States. Indonesia has committed to eliminate existing HTS tariff lines on 'intangible products' and suspend related requirements on import declarations; to support a permanent moratorium on customs duties on electronic transmissions at the WTO immediately and without conditions; and to take effective actions to implement the Joint Initiative on Services Domestic Regulation, including submitting its revised Specific Commitments for certification by the World Trade Organization (WTO),' the White House statement read.
The United States Trade Representative (USTR), in its report on non-tariff barriers, had earlier cited the 6 per cent equalisation levy as a discriminatory measure against US firms. The USTR report said that most digital services taxes are designed in ways that discriminate against US companies, often singling out American firms for taxation while excluding domestic companies engaged in similar lines of business.
The US has also raised concerns about digital services taxes with a number of trade partners, particularly the EU.
'The disproportionate capture of US firms by the EU's Digital Services Act (DSA) and Digital Markets Act (DMA) is also noted as undermining US competitiveness due to increased compliance costs not borne by EU competitors,' the USTR said.
Differences between India and the US assume significance as New Delhi continues to face the risk of 26 per cent reciprocal tariffs.
After Indian negotiators completed another round of discussions in Washington last week, a US team led by the US Trade Representative for South and Central Asia, Brendan Lynch, is expected to visit India in mid-August to continue negotiations for a trade agreement.
While India and the US have agreed on a wide range of tariff lines, the negotiations — which currently only involve market access for goods — remain stuck over sensitive sectors such as agriculture and automobiles, which are key job creators in India.
Ravi Dutta Mishra is a Principal Correspondent with The Indian Express, covering policy issues related to trade, commerce, and banking. He has over five years of experience and has previously worked with Mint, CNBC-TV18, and other news outlets. ... Read More