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Direct Tax Code / Income Tax

CbCR Systemic Failure Provisions — What Happens When the Parent's Country Doesn't Cooperate

A comprehensive guide to CbCR systemic failure provisions under the Income Tax Act, 2025, explaining what happens when the parent's country doesn't cooperate.

25 Jul 20263 min read

Systemic failure provisions in the CbCR framework ensure that Indian tax authorities can obtain necessary information even when the parent entity's jurisdiction fails to cooperate. Understanding these provisions is essential for multinational enterprises operating in jurisdictions with potential cooperation issues.

What is Systemic Failure?

Definition

Systemic failure with respect to a country or territory means that the country or territory has an agreement with India providing for exchange of CbCR, but:

  • In violation of the said agreement, it has suspended automatic exchange
  • It has persistently failed to automatically provide to India the report in its possession

Notification

Systemic failure is intimated by the prescribed income-tax authority to the constituent entity .

Consequences of Systemic Failure

Accelerated Filing Timeline

In case the parent entity is resident of a country or territory where there has been a systemic failure and the failure has been intimated, the period for submission of the report shall be six months from the end of the month in which the systemic failure has been intimated .

Secondary Filing Obligation

A constituent entity resident in India, other than the parent entity or alternate reporting entity, must furnish the CbCR in Form No. 59 if the parent entity is resident in a jurisdiction where there has been a systemic failure .

Exceptions

Alternate Reporting Entity

If an alternate reporting entity of the international group has furnished a CbCR with the tax authority of the country or territory where it is resident, and the conditions of Section 511(6) are satisfied, the secondary filing obligation does not arise .

Conditions for Exception

The following conditions must be satisfied:

  • The report is required under the law of that country or territory
  • The country or territory has an agreement with India for exchange of the report
  • The prescribed authority has not conveyed any systemic failure
  • The country or territory has been informed of the alternate reporting entity
  • The prescribed authority has been informed

Practical Implications

For Taxpayers

  • Monitor the status of the parent jurisdiction
  • Be prepared for accelerated filing timelines
  • Maintain necessary information for CbCR filing
  • Consider alternate reporting entity designation

For Tax Practitioners

  • Advise clients on systemic failure risks
  • Assist with accelerated filing timelines
  • Help with alternate reporting entity designation

Expert Legal Guidance

Understanding systemic failure provisions is essential for multinational enterprises. Anuj Desai & Associates provides expert advisory services on CbCR compliance, helping taxpayers navigate systemic failure scenarios.


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