Japan multinational companies often second their nationals to connected companies in different jurisdictions. The group learns about internal cultural differences, employees gain valuable experience and relationships are strengthened within the group.
In a secondment, the employee has a relationship both with the seconding and hosting companies. The Japan multinational may second an employee to an India subsidiary or group company. During the secondment, the employee’s status with the Japan company is dormant, as if the employee is on long leave and that with the India host company is active. The employee remains on the payroll of the company in Japan and receives their salary in Japan. The India host company reimburses the company in Japan the whole or part of the salary of the employee. The seconded employee works under the direction and supervision of the host company. On completion of the secondment, the employee returns to the Japan company.
The service tax authorities have long contended that the host company receives manpower services, for which it pays consideration in the form of reimbursement of salary to the overseas group company. The Customs, Excise and Service Tax Appellate Tribunal, however, has ruled that, in a secondment, an employer-employee relationship exists between the seconded employee and the host and there is no supply of manpower.
The Supreme Court in the case of Commissioner of Customs, Central Excise and Service Tax-Bangalore (Adjudication) v...
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https://law.asia/employee-secondment-taxing-environment/