India Treasury Management Profile 2018 - Together we thrive - HSBC Global Banking and Markets

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India Treasury Management Profile 2018 - Together we thrive - HSBC Global Banking and Markets
India
Treasury Management
Profile 2018

                      Together we thrive
India Treasury Management Profile 2018 - Together we thrive - HSBC Global Banking and Markets
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Contents                                                                         Introduction and
                                                                                 Purpose

Introduction and Purpose   3                                                    India
                                                                                 This is one of a series of Treasury Management Profiles designed for finance and treasury professionals worldwide. By providing a
Legal and Regulatory       6                                                    snapshot of banking, payments and cash management in selected locations, these profiles can help treasury managers to make
                                                                                 informed decisions, manage risks effectively and take advantage of new opportunities. However, this information is not intended to
Taxation8                                                                       be comprehensive and does not constitute financial, legal, tax or other professional advice. Accordingly you should not act upon the
                                                                                 information contained in this document without obtaining your own independent professional advice. The materials contained in this
Banking16
                                                                                 document were assembled in April 2017 (unless otherwise dated) and were based on the law enforceable and information available
Payment Instruments        19                                                   at that time.

Payment Systems            22
                                                                                  Facts and Figures
Cash Management            24
                                                                                  Capital/Other major cities: New Delhi/Mombai, Kolkata,                   Business hours:                        09:30–17:30 (Mon–Fri)
Electronic Banking         27                                                                                Chennai, Hyderabad, Bangalore
                                                                                                                                                           Banking hours:                         10:00–16:00 (Mon–Fri)
                                                                                  Area:                              3,287,263km2
Trade Finance              28                                                                                                                             Stock exchanges:                       National Stock Exchange of
                                                                                  Population:                        1.34bn                                                                       India (NSE), Bombay Stock
Useful Websites            30                                                                                                                                                                    Exchange (BSE)
                                                                                  Languages:                         English, Hindi, and 14 other
                                                                                                                     Indian dialects                       Leading share index:                   SENSEX, BSE-100,
                                                                                                                                                                                                  S&P CNX Nifty
                                                                                  Currency:                          Indian rupee (INR)
                                                                                                                                                           Sectoral distribution                  Agriculture 17.4%,
                                                                                  Country telephone code:            91                                    of GDP (% of GDP):                     Industry 28.8%,
                                                                                                                                                           Source: https://www.cia.gov/library/
                                                                                  Weekend:                           Saturday and Sunday                                                          Services 46.2%
                                                                                                                                                           publications/resources/the-world-
                                                                                                                                                           factbook/index.html.                   (2016 estimate)
                                                                                  National holidays:                 2018 — 13, 26, 27 Jan, 10, 24
                                                                                  Source: www.goodbusinessday.com.   Feb, 1*, 10, 18*, 24, 29*, 30 Mar,    * The date shown may vary by plus or minus one day. These dates are derived
                                                                                                                                                           by converting from a non‑Gregorian calendar (e.g., Muslim or Hindu) to the
                                                                                                                     2, 14, 28 Apr, 1, 12, 26, 29*
                                                                                                                                                           Gregorian calendar. Some of these dates cannot be determined in advance with
                                                                                                                     May, 9, 15*, 23 Jun, 14, 28 Jul,      absolute accuracy, even by the governing authorities. In the case of Muslim dates
                                                                                                                     11, 15, 19*, 22*, 25 Aug, 8, 20*,     in particular, the feast days are determined by the sighting of a new/full moon.
                                                                                                                     22 Sep, 2, 13, 27 Oct, 8*, 10,
                                                                                                                     20*, 24 Nov, 8, 22, 25 Dec

                                                                                 Government                                                               Head of state
                                                                                 Legislature                                                              Ram Nath Kovind, president since 25 July 2017.
                                                                                 Federal republic with a bicameral national legislature (Sansad)
                                                                                 composed of the Council of States (Rajya Sabha) and the People’s         ®® The president is elected every five years.
                                                                                 Assembly (Lok Sabha).
                                                                                                                                                          Political leader
                                                                                 ®® Rajya Sabha: up to 245 members are elected to serve six-year          Narendra Modi, prime minister since 26 May 2014.
                                                                                    terms.
                                                                                                                                                          ®® The prime minister is elected every five years.
                                                                                 ®® Lok Sabha: 545 members are elected to serve five‑year terms.

                                                                                 The next federal elections are scheduled for 2019.
India Treasury Management Profile 2018 - Together we thrive - HSBC Global Banking and Markets
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                                                                                                                                                                                                                                                          Country credit rating
                                                                                                                                                                                                                                                          Fitch Ratings rates India for issuer default as:

                                                                                                                                                                                                                                                           Term                                 Issuer Default Rating

                                                                                                                                                                                                                                                           Short                                F3

                                                                                                                                                                                                                                                           Long                                 BBB –

                                                                                                                                                                                                                                                           Long-term rating outlook             Stable
                                                                                                                                                                                                                                                                                       Source: www.fitchratings.com, November 2017.

                                                                                                                                                                     Exchange rate & Interest rate (%)                                                    Consumer inflation & GDP volume growth (%)
    Economy

                                                                                                     2016                     2017
                                                  2011      2012     2013     2014       2015                                                                        80                                                                        80         12                                                               12
                                                                                                     Q4          Year         Q1          Q2          Q3

    Exchange rate* (INR/USD)**                    46.670    53.437   58.598   61.030     64.152      67.425      67.195       67.011      64.458      64.288
                                                                                                                                                                     60                                                                        60          9                                                               9

    Interest rate (discount rate) (%) 6.00**
                                                            9.00     8.75     9.00       7.75        6.75        6.75         6.75        6.50        6.25

    Unemployment (%)                              NA        NA       NA       NA         NA          NA          NA           NA          NA          NA             40                                                                        40          6                                                               6

    Consumer inflation*** (%)                     + 8.9     + 9.3    + 10.9   + 6.6      + 4.9       + 3.7       + 4.9        + 3.6       + 2.2       NA
                                                                                                                                                                     20                                                                        20          3                                                               3

    GDP volume growth*** (%)                      + 6.3     + 5.4    + 6.2    + 6.9      + 8.0       + 6.1       + 7.1        + 5.7       NA          NA

    GDP (INR tr)                                  90        100      113      125        136         –           152          –           –           –               0                                                                        0           0                                                               0

                                                                                                                                                                              2012           2013          2014        2015         2016                           2012        2013      2014        2015        2016

    GDP (USD bn)                                  1,931     1,862    1,924    2,046      2,116       –           2,260        –           –           –
                                                                                                                                                                           Exchange rate (INR/USD)                                                             Consumer inflation %
    GDP per capita (USD)                          1,581     1,474    1,504    1,580      1,614       –           1,706        –           –           –
                                                                                                                                                                           Interest rate (Discount rate)                                                       GDP volume growth %

    BoP (goods/services/income) as % GDP          – 6.4     – 8.4    – 5.9    – 4.5      – 4.1       –           – 3.1        –           –           –
    * Official rate. ** Period average. *** Year on year.                       Sources: IMF, International Financial Statistics, December 2017 and 2017 Yearbook.   Sources: IMF, International Financial Statistics, November 2017 and 2017 Yearbook.
India Treasury Management Profile 2018 - Together we thrive - HSBC Global Banking and Markets
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Legal and
Regulatory

Central bank                                                          Non-resident                                                           residents are permitted to use forward foreign exchange to hedge       The RBI has issued additional related Rules and Notifications.
The Reserve Bank of India (RBI) operates in accordance with the       Non-resident bank accounts are permitted in domestic currency.         their own currency risk. Protection against fluctuations in AED,
Reserve Bank of India Act (1934) and the Banking Regulation Act       Non-resident domestic currency accounts are freely convertible         AUD, CHF, JPY, EUR, GBP and USD is available from the Export           India is a member of the Asia/Pacific Group on Money Laundering
(1949).                                                               into foreign currency.                                                 Credit Guarantee Corporation of India.                                 (APG) and has observer status with the Financial Action Task
                                                                                                                                                                                                                    Force (FATF) and the Eurasian Group on Combating Money
Bank supervision                                                      NRIs are permitted to hold foreign currency term deposit               Residents can remit up to USD 250,000 each financial year for all      Laundering and Financing of Terrorism (EAG).
The RBI’s Board for Financial Supervision supervises the banking      accounts with local banks, with terms of between one and five          capital or current transactions.
sector in India. Regional rural banks and most cooperative banks      years. The accounts can be used to repatriate funds in any freely                                                                             The Financial Intelligence Unit-India (FIU-IND), the country’s
are supervised by the National Bank for Agriculture and Rural         convertible currency.                                                  Under the automatic route, borrowing without approval                  financial intelligence unit, is a member of the Egmont Group. The
Development, under the guidance of the RBI.                                                                                                  is permitted for amounts between USD 100 million and                   FIU-IND reports directly to the Economic Intelligence Council
                                                                      Reporting                                                              USD 750 million (USD 500 million for most sectors,                     which is headed by the Finance Minister.
Resident/non-resident status                                          All foreign exchange transactions between residents and non-           USD 750 million for infrastructure and manufacturing,
A company is considered resident in India if it has been registered   residents must be reported to the RBI for balance of payments          USD 200 million for software development and USD 100 million           Account opening procedures require formal identification of the
under the Indian Companies Act 1956 (or other specified acts) or      purposes.                                                              for micro finance activities). External commercial borrowing           account holder and beneficial owners.
is controlled or managed wholly from within India.                                                                                           above these limits is possible with regulatory approval.
                                                                      Banks are responsible for submitting transactions data to the                                                                                 Occasional customers must be identified for all transactions,
A non-resident company is one that is at least 60% owned by a         RBI on behalf of their clients using official forms and supporting     The proceeds from all external commercial borrowing                    domestic and cross-border, of INR 50,000 and above, whether in
non-resident or a Non-Resident Indian (NRI), i.e., someone with       documentation.                                                         raised abroad for INR expenditure in India are required to be          a single transaction, or a series of linked transactions.
Indian citizenship who resides outside India.                                                                                                immediately credited into an INR account with an authorised
                                                                      Exchange controls                                                                                                                             Cash transactions exceeding INR 1 million, or its equivalent in
                                                                                                                                             dealer.
Bank accounts                                                         India is a member of the Asian Clearing Union (ACU), which                                                                                    foreign currency, must be reported. Cash transactions exceeding
Resident                                                              aims to facilitate payments and promote trade among member             Foreign exchange can be lent by resident companies to a wholly         INR 1 million, or a series of transactions aggregating to a value
Foreign exchange accounts can be held by residents both               countries. The ACU comprises Bangladesh, Bhutan, India, Iran,          owned subsidiary or joint venture abroad. This is subject to a limit   above INR 1 million (within one month), must be recorded and
domestically and abroad with prior approval from the RBI.             Myanmar, Maldives, Nepal, Pakistan and Sri Lanka. Transactions         of 400% of a company’s net worth.                                      reported to the FIU-IND by the 15th day of the succeeding month.
Foreign exchange accounts held domestically are typically             between Indian residents and residents of other ACU member
                                                                                                                                             All export proceeds, including for businesses located within           All cross-border wire transfers exceeding INR 500,000, or its
non‑interest‑bearing Resident Foreign Currency (domestic)             countries, except Bhutan and Nepal, are carried out in AMU
                                                                                                                                             Special Economic Zones, must be repatriated within nine months         equivalent in foreign currency, must be recorded and reported.
accounts. There is no limit to the account balance, as long as        dollars (equivalent to USD) or AMU euros (equivalent to EUR).
the account receives foreign exchange resulting from services                                                                                of the shipment, unless permission has been given by the RBI.
                                                                                                                                                                                                                    Relationships with shell banks are prohibited.
delivered overseas, or acquired from non‑residents in India as        ®® The Indian rupee (INR) is India’s official currency.                Exporters are permitted to keep 100% of receipts in foreign
gifts or payments. Resident foreign exchange accounts held                                                                                   currency bank accounts.                                                The Indian government does not regulate the hawala market.
abroad may be used to may remit up to USD 250,000 each year.          Foreign exchange controls are administered by the RBI. India has
                                                                      liberalised its exchange controls; the INR is freely convertible on    Anti-money laundering/counter-terrorist financing1                     Financial institutions are required to conduct ongoing due
Non-interest-bearing exchange earners’ foreign currency               current accounts.                                                      India has implemented anti-money laundering legislation. Notable       diligence and in the broadest sense must record and report
(EEFC) accounts can be held by residents. EEFC accounts                                                                                      legislation includes:                                                  suspicious transactions to the FIU-IND within seven working
may be credited with up to 100% of their foreign exchange             Foreign exchange can be traded by authorised banks on a
                                                                                                                                                                                                                    days.
earnings and enable foreign exchange earners to save on               forward basis. Residents are permitted to use forward foreign          ®® The Prevention of Money Laundering Act 2002, effective since
conversion/transaction costs while undertaking foreign exchange       exchange contracts to hedge foreign exchange risks. However,              July 2005, as amended 2013;                                         All records must be kept for at least five years from the cessation
transactions. EEFC accounts are typically used by companies           they are only permitted to transact forward up to the eligible limit   ®® The Unlawful Activities (Prevention) Order 2009; and                of the transactions.
receiving foreign currency and/or making exports traded in            (the higher of either the company’s most recent annual turnover        ®® The Prevention of Terrorism Act 2003.
foreign currency.                                                     or the average of the previous three years’ turnover).                                                                                        1.
                                                                                                                                                                                                                         Data as at April 2017.

Overdraft facilities are available to residents.                      Foreign institutional investors are also permitted to hedge
                                                                      currency risk using forward foreign exchange transactions. Non-
8                                                 HSBC Treasury Management Profile 2018 | India                    HSBC Treasury Management Profile 2018 | India                                                                                               9

Taxation
                   1

    Taking into account the   Resident/non-resident
                              A company is resident in India in any tax year if it has registered
                                                                                                                   Corporate taxation
                                                                                                                   Resident companies are taxed on their worldwide income.
                                                                                                                                                                                            is a resident firm, an additional income tax of 10% (plus the
                                                                                                                                                                                            surcharge and cess) applies on dividend income received on or
                              under the Indian Companies Act 1956, other specified Acts/laws                       Foreign companies are chargeable to tax on the income derived            after 1 April 2016, if the amount of dividends received exceeds

    surcharge and cess,       or if, during the relevant tax year, the control and management of
                              its affairs were situated wholly in India.
                                                                                                                   from Indian sources.                                                     INR 1 million per annum on a gross basis.

                                                                                                                   Indian-sourced income may include capital gains arising from the         Dividends received from a foreign company generally are subject
    the highest effective     Tax authorities
                              ®® Income Tax Department.
                                                                                                                   transfer of any share or interest in a company or entity registered
                                                                                                                   or incorporated outside India if the share or interest directly or
                                                                                                                                                                                            to corporation tax, with credit for any foreign tax paid. However,
                                                                                                                                                                                            dividends received by an Indian company from a foreign

    rate is 34.61% for        ®® Authority for Advance Rulings.                                                    indirectly derives its substantial value from assets located in India.   company in which the Indian company holds at least 26% of the
                                                                                                                   Foreign-sourced income derived by a resident company is subject          equity shares, are subject to tax at a reduced base rate of 15% on
                              Tax year/filing                                                                      to corporation tax in the same way as Indian income. A branch of         the gross income. A surcharge and cess also are imposed.

    domestic companies        The corporation tax year is based on earnings during the financial
                              year ending 31 March.
                                                                                                                   a foreign corporation is taxed as a foreign corporation.
                                                                                                                                                                                            Dividends paid by a domestic company that are liable to DDT
                                                                                                                   Domestic companies are liable to tax at 30%, and foreign                 may be reduced by:

    and 43.26% for foreign    Taxes on income in a fiscal year are usually paid in the next fiscal
                              year (assessment year). Companies must submit a final return
                                                                                                                   companies and branches of foreign companies at 40%. A
                                                                                                                   25% rate, plus surcharge and cess, may be elected by certain             ®® The amount of dividends received from a domestic subsidiary
                              by 30 September (30 November for companies required to file                                                                                                      company during the financial year, if the subsidiary has paid
    companies.
                                                                                                                   newly set up (incorporated on or after March 1, 2016) resident
                              a certificate on international transactions (see Transfer pricing                    manufacturing companies, if the company does not claim certain              DDT; and
                              section) of the assessment year, stating income, expenses,                           specified deductions, incentives, etc. The rate is 29%, plus             ®® Dividends received from a foreign subsidiary company,
                              taxes paid and taxes due for the preceding tax year. Returns                         surcharge and cess, for resident companies whose total turnover             provided tax is payable on such dividend income by the
                              for non-corporate taxpayers, who are required by law to have                         or gross receipts in the financial year 2015–16 did not exceed              domestic company at the reduced base rate of 15%.
                              their accounts audited, are also due on 30 September. All other                      INR 50 million.
                              taxpayers must submit a return by 31 July. Taxpayers claiming tax                                                                                             A Minimum Alternate Tax (MAT) is imposed at 18.5% (plus any
                              holidays or carrying forward tax losses must file their returns on                   ®® A 7% surcharge applies to domestic companies whose income             applicable surcharge and cess) on the adjusted book profits
                              or before the due date.                                                                 exceeds INR 10 million (2% for foreign companies).                    of corporations whose tax liability is less than 18.5% of their
                                                                                                                   ®® A 12% surcharge applies if income exceeds INR 100 million             book profits. As from 1 April 2015, MAT does not apply to
                              Companies must make four advance payments of their income                               (5% for foreign companies).                                           certain income of foreign companies, including capital gains
                              tax liabilities during the accounting year on: 15 June (15% of                       ®® An additional 3% cess is payable in all cases.                        on transactions involving securities, interest, royalties and fees
                              total tax payable), 15 September (45% of total tax payable),                                                                                                  for technical services (the government has announced it will
                              15 December (75% of total tax payable) and 15 March (100% of                         Taking into account the surcharge and cess, the highest effective        retroactively amend the MAT provisions to clarify the applicability
                              total tax payable).                                                                  rate is 34.61% for domestic companies and 43.26% for foreign             to foreign companies prior to 1 April 2015). A credit is available
                                                                                                                   companies.                                                               for MAT paid against tax payable on normal income, which may
                              Consolidated returns are not permitted and each company must                                                                                                  be carried forward for offset against income tax payable in the
                              file a separate return.                                                              Dividends paid by a domestic company are subject to dividend             following ten years.
                                                                                                                   distribution tax (DDT) at 15% of the aggregate dividend declared,
                                                                                                                   distributed or paid. The DDT payable is required to be grossed up.       Any person other than a corporation (including a Limited Liabililty
                                                                                                                   The effective rate is 20.3576%, including a 12% surcharge and a          Partnership) is liable to an alternate minimum tax (AMT) at 18.5%
                                                                                                                   3% education cess. Dividends subject to DDT are exempt from              (plus any applicable surcharge and cess) of the adjusted total
                                                                                                                   tax in the hands of the recipient. However, where the recipient          income where the normal income tax payable is less than the
                              1.
                                 All tax information supplied by Deloitte Touche Tohmatsu (www.deloitte.com) and
                              Deloitte Highlight, 2017.
10                                                                                    HSBC Treasury Management Profile 2018 | India          HSBC Treasury Management Profile 2018 | India                                                                                                  11

AMT. AMT is also imposed on a person eligible for investment-        a slurry pipeline for the transportation of iron ore; and setting up
                                                                                                                                              Withholding tax (subject to tax treaties)
linked incentives. The adjusted total income is the total income     and operating a semi-conductor wafer fabrication manufacturing
before giving effect to the AMT provisions as increased by certain   unit.                                                                                                                                                                         Technical
                                                                                                                                              Payments to:                                        Interest         Dividends       Royalties                         Branch remittances
deductions claimed in computing the total income, including the                                                                                                                                                                                    service fees
tax holiday claimed by units in a Special Economic Zone (SEZ).       A deduction of 150% (reduced to 100% as from financial
                                                                     year 2017–18) is available for capital expenditure (other than           Resident companies                                  10%              None            10%             10%               NA
The base for computation of AMT for non-corporate taxpayers
therefore differs from that for computing MAT in the case of         expenditure incurred on the acquisition of land, goodwill or             Non-resident companies                              5%/20%           None            10%             10%               None
corporations.                                                        financial instruments) incurred by businesses on setting up and
                                                                     operating cold chain facilities or warehousing facilities; building
A credit is available for MAT paid against tax payable on normal     and operating a hospital with 100 beds; investing in housing
income, which may be carried forward for offset against income       projects under a scheme for affordable housing; or producing            Business losses and capital losses may be carried forward for                 The applicable tax rate on long-term capital gains derived by a
tax payable in the following ten years.                              fertilisers in India.                                                   eight years, with short-term losses offsetting capital gains on both          non-resident from the sale of unlisted securities is 10%. Gains on
                                                                                                                                             long-term and short-term assets, and long-term losses offsetting              other long‑term assets are taxed at 20% (with the benefit of an
A deduction of up to 200% (restricted to 150% as from financial      An investment-linked incentive of a 100% deduction for certain          only long-term gains. Other than unabsorbed depreciation (which               inflation adjustment).
year 2017–18 and 100% as from financial year 2020–21) is             expenditure relating to new infrastructure facilities is available as   may be carried forward indefinitely), losses may be carried
available in respect of capital and revenue expenditure on           from financial year 2017–18.                                            forward only if the tax return is filed by the due date. Unabsorbed           Short-term gains on listed shares and specified securities, which
scientific research conducted in-house by specified industries,                                                                              depreciation may be offset against any income, whereas business               are subject to the STT, are taxed at 15%, and gains from other
and for payments made to specified organisations for                 Capital expenditure incurred either prior or post-commencement          losses may be offset only against business profits.                           short-term assets are taxed at the normal tax rates. A surcharge
scientific research.                                                 of business and actually paid for the right to use spectrum for                                                                                       and cess are also imposed.
                                                                     telecommunications services (spectrum fees for auction of               Advance tax ruling availability
A deduction is available for 15% of the cost of new plant or         airwaves) will be allowed as deduction over the period of the right     The Authority for Advance Rulings (AAR) issues rulings on the tax             An unlisted domestic company is liable to pay an additional tax of
machinery acquired and installed on or before 31 March 2017,         to use the spectrum.                                                    consequences of transactions or proposed transactions with non-               20% on any income distributed to a shareholder on account of a
where the aggregate cost acquired and installed in a year                                                                                    residents. It is also able to issue rulings in relation to tax liability of   buyback of the company’s shares. The distributed income is the
exceeds INR 250 million, in addition to the normal depreciation      A deduction of 100% of the profits derived by an eligible start-up      residents in prescribed cases.                                                amount of consideration paid by the company on the buyback
allowance.                                                           from an eligible business may be elected by the taxpayer for                                                                                          of shares, reduced by the amount received by the company on
                                                                     any three consecutive assessment years out of the five years            From 1 April 2015, the AAR is able to issue rulings on whether                account of the issue of the shares. The shareholders will not be
A deduction of 150% is available for expenditure incurred on a       beginning from the year of incorporation (for companies set up on       an arrangement is an impermissible avoidance arrangement.                     charged for any income arising from the buyback of shares.
‘notified’ agricultural extension or skill development project.      or after 1 April 2016 and before 1 April 2019).                         Rulings are binding on the applicant and the tax authorities for
                                                                                                                                             the specific transaction(s). Advance pricing agreements (APAs)                Withholding tax (subject to tax treaties)
A deduction of 100% is available for capital expenditure (other      A patent box regime has been introduced with effect from                are also possible.                                                            Interest
than expenditure incurred on the acquisition of land, goodwill       financial year 2016–17. A concessional tax rate of 10%, plus the                                                                                      Interest paid to a non-resident on a foreign currency borrowing
or financial instruments) incurred by specified businesses,          surcharge and cess, is applicable on gross income arising from          Capital gains tax                                                             or debt is generally subject to a 20% withholding tax, plus the
including laying and operating cross-country natural gas or crude    royalties in respect of a patent developed and registered in India      The tax treatment depends on whether gains are long or short                  applicable surcharge and cess. The rate may be reduced under a
or petroleum oil pipeline networks for distribution (including       by a person resident in India. No deduction is allowed for any          term. Gains are long term if the asset is held for more than three            tax treaty.
integral storage facilities); setting up and operating an inland     expenditure or allowance in respect of such royalty income.             years (one year in the case of shares and specified securities).
container depot or freight station; housing projects under a slum                                                                            Long-term gains on listed shares and specified securities are                 Interest paid to a non-resident on an infrastructure debt fund set
redevelopment scheme; building and operating a two-star hotel;       Undertakings set up in SEZs are exempt from tax on their export         exempt if the transaction is subject to the Securities Transaction            up in accordance with guidelines prescribed by the government
beekeeping and associated activities; setting up and operating       profits, subject to compliance with other conditions. Other tax         Tax (STT). Where such gains are not subject to the STT, a 10% tax             is subject to a 5% withholding tax, plus the applicable surcharge
a warehousing facility for storage of sugar; laying and operating    holidays are available based on industry and region.                    applies (without benefit of an inflation adjustment).                         and cess.
12                                                                                   HSBC Treasury Management Profile 2018 | India         HSBC Treasury Management Profile 2018 | India                                                                                             13

Interest paid to a non-resident on debt incurred under a loan        Technical service fees                                                The scope of the transfer pricing provisions also covers specified     adjustment. The allowable variation in computing the arm’s-
agreement or through the issue of long-term bonds, including         Technical services fees paid to a non-resident are subject to a       domestic transactions’ (including payments to related parties)         length price will be as provided by the government. (See below,
long-term infrastructure bonds issued by an Indian company           10% withholding tax, plus the applicable surcharge and cess. The      if the aggregate value of those transactions exceeds INR 200           for application of the transfer pricing rules to transactions
in foreign currency, is subject to a 5% withholding tax, plus the    rate may be reduced under a tax treaty.                               million in one year.                                                   involving jurisdictions that do not effectively exchange
applicable surcharge and cess, if the loan agreement is approved                                                                                                                                                  information with India.)
by the central government and the funds are borrowed between         If a treaty applies, but the non-resident does not have a PAN,        The pricing of these transactions must be determined with regard
1 July 2012 and 30 June 2017. The 5% withholding tax (plus           tax must be withheld at the applicable tax treaty rate or 20%,        to arm’s-length principles, using methods prescribed under India’s     APAs may be obtained for a maximum period of five future years,
applicable surcharge and cess) is also applicable to interest paid   whichever is higher.                                                  transfer pricing rules, which are similar to the methods prescribed    with a rollback to the four years preceding the year in which APA
between 1 June 2013 and 31 May 2015 on an INR-denominated                                                                                  in the OECD guidelines, with an additional sixth method, i.e. an       becomes effective.
bond of an Indian company, or a government security subscribed       Tax treaties/tax information exchange agreements (TIEAs)              ‘other method.’ The arm’s-length price is determined based on
for by a foreign institutional investor or a qualified foreign       India has double tax agreements in force with several countries       multiple‑year data, and based on a range or the arithmetic mean        General anti-avoidance and disclosure requirements
investor.                                                            that allow qualifying companies the benefit of reduced rates          (depending on certain prescribed conditions).                          To discourage transactions with persons located in jurisdictions
                                                                     of withholding tax and the mitigation of double taxation. The                                                                                that do not effectively exchange information with India,
If the non-resident does not have a Permanent Account Number         law specifically provides that tax treaties override local tax law    The taxpayer is required to maintain detailed information and          transactions with persons situated in certain jurisdictions
(PAN), i.e. a tax registration number, tax must be withheld at the   wherever they are more beneficial.                                    transfer pricing documents substantiating the arm’s-length nature      designated by the government will be subject to the Indian
applicable tax treaty rate or 20%, whichever is higher, unless the                                                                         of related-party transactions. Companies also may be required to       transfer pricing rules and income paid to persons in those
foreign taxpayer provides appropriate documentation.                 The Finance Act 2013 provides that the condition of the certificate   submit a certificate to the tax authorities (in prescribed format)     jurisdictions will be subject to a minimum withholding tax of 30%.
                                                                     containing particulars has been dropped and that the non-             from a practising chartered accountant that sets out the details       India has designated Cyprus as such a jurisdiction.
If the interest income derived by a non-resident does not fulfil     resident should furnish a certificate of residence obtained from      of associated enterprises, international transactions, etc., along
certain prescribed conditions for concessional withholding tax       the government of that country or specified territory. Further, the   with the methods used to determine an arm’s‑length price. The          A general anti-avoidance rule is expected to apply to investments
rates, a withholding tax rate of 30% (for individuals and entities   Finance Act provides that the non-resident will have to provide       certificate must be submitted by the due date for companies            made after 1 April 2017.
other than a foreign company) or 40% (for a foreign company),        such other documents and information as may be prescribed.            required to submit such a certificate to file the annual tax return,
plus the applicable surcharge and cess, will apply.                                                                                        i.e. 30 November.                                                      A non-resident with a liaison office in India is required to prepare
                                                                     Specific measures were introduced with regard to unaccounted                                                                                 financial statements, annual activity certificates, etc. on its
Dividends                                                            monies held outside India by resident Indians.                        The Indian transfer pricing documentation requirements have            activities and submit this information to the Indian tax officer
Dividends are not subject to withholding tax. However, the                                                                                 been updated to incorporate the specific reporting regime in           within 60 days from the end of the financial year.
company paying the dividends is subject to dividend distribution     India has exchange of information relationships with 117              respect of country-by-country reporting and the master file
tax.                                                                 jurisdictions through 98 double tax treaties and 20 TIEAs.            provided for under the OECD/G20 BEPS project. (Under the               Stamp duty
                                                                                                                                           BEPS initiative, information will be exchanged between tax             Financial instruments, real property and other specified
Royalties                                                            Thin capitalisation                                                                                                                          transactions (including a court order for an amalgamation/
                                                                                                                                           administrations in a number of countries, giving them a single,
Royalties paid to a non-resident are subject to a 10% withholding    There are no thin capitalisation rules.                                                                                                      demerger) in India attract stamp duties that are levied under the
                                                                                                                                           global picture on some key indicators of economic activity within
tax, plus the applicable surcharge and cess. The rate may be                                                                               multinational enterprises).                                            Indian Stamp Act and the stamp acts of the various states (with
                                                                     Transfer pricing                                                                                                                             rates varying significantly between states).
reduced under a tax treaty.
                                                                     The transfer pricing regime is influenced by OECD norms,
                                                                                                                                           Where the application of the arm’s-length price would reduce
If a treaty applies, but the non-resident does not have a PAN,       although the penalty provisions in India are stringent compared to                                                                           Real property tax
                                                                                                                                           the income chargeable to tax in India, or increase a loss, no
tax must be withheld at the applicable tax treaty rate or 20%,       those in other countries. The definition of ‘associated enterprise’                                                                          Each state levies property tax, with rates varying from state to
                                                                                                                                           adjustment will be made to the income or loss. If a taxpayer
whichever is higher, unless the foreign taxpayer provides            extends beyond a shareholding or management relationship, as it                                                                              state.
                                                                                                                                           that benefits from a tax holiday is subject to a transfer pricing
appropriate documentation.                                           includes some deeming clauses.
                                                                                                                                           adjustment, the benefit will be denied to the extent of the
14                                                                                      HSBC Treasury Management Profile 2018 | India           HSBC Treasury Management Profile 2018 | India   15

Wealth tax                                                              (CVD), Special Additional Duty of Customs (SAD), central charges
The 1% wealth tax was abolished from 1 April 2015.                      and cesses and local state taxes, i.e., Value Added Tax (VAT),
                                                                        Central Sales Tax (CST), Octroi, Entry Tax, Purchase Tax, Luxury
Transfer tax                                                            Tax, Taxes on lottery, betting and gambling, state cesses and
Securities transaction tax is levied on the purchase or sale of         surcharges and Entertainment tax (other than the tax levied by
equity shares, derivatives or units in an equity‑oriented fund listed   the local bodies).
on a recognised stock exchange of India.
                                                                        GST will be a dual levy with State/Union territory GST and Central
Customs duty                                                            GST. Inter-state supplies will attract an Integrated GST, which
Customs duty is levied on the import of goods into India,               would be the sum total of CGST and SGST/UTGST.
although certain exported goods also are liable to custom duties.
Certain incentives (e.g. concessional rates of duty and duty-free       There are five GST rates: 0%, 5%, 12%, 18% and 28%.
transactions) are available under various schemes.
                                                                        Financial transactions/banking services tax
Excise duty                                                             Financial transactions such as lending, bill discounting and
Excise duty is payable on the manufacture of excisable goods in         financial leasing are subject to service tax. However, tax is
India. The rate of duty applied to a product depends on its excise      generally applicable on the up‑front fees, processing charges and
tariff classification. The duty is normally levied on the transaction   other service charges levied by the bank or financial institutions,
value, and in specified cases on the retail sales prices. The           but excluding the interest element. However, since service tax is
standard rate of excise duty is currently 12.5% (inclusive of cess).    a transaction-based tax, it is important to evaluate transactions to
                                                                        determine the indirect tax implications.
A credit mechanism is available to avoid the cascading effect of
central excise duty.                                                    Payroll and social security taxes
                                                                        There is no payroll tax payable by employers. The employer
Cash pooling                                                            generally contributes 12% of eligible wages per month to the
India has no specific tax rules for cash pooling arrangements. It is    Provident Fund. From the employer’s contribution, 8.33% of the
understood that notional cash pooling is not available in India, so     wages (up to INR 15,000) is applied to the pension fund, with the
cash pooling should involve the actual physical transfer of funds.      balance paid to the Provident Fund.
Cash pooling tax issues that may need to be considered include
deemed dividends withholding tax on interest and the application        The employer also pays a gratuity to workers who have rendered
of transfer pricing rules to domestic transactions for interest and     continuous service for at least five years at the time of retirement,
guarantee fee, if any.                                                  resignation, superannuation, etc., at the rate of 15 days’ wages
                                                                        for every completed year of service (up to a maximum of
Goods and Services Tax (GST)                                            INR 1 million).
A comprehensive dual Goods and Services Tax (GST) replaced
the country’s indirect tax structure from 1 July 2017. The GST is       The employee contributes 12% of eligible wages per month to the
a destination-based tax that replaces the current Central taxes         Provident Fund.
and duties such as Excise Duty, Service Tax, Counter Vailing Duty
16                                           HSBC Treasury Management Profile 2018 | India           HSBC Treasury Management Profile 2018 | India                                                                                     17

Banking
                    1

     The government has      Overview
                             There are 1,719 banks and 1,574 urban cooperative banks
                                                                                                     The RBI is also considering offering licences to companies to
                                                                                                     set up infrastructure banks to help finance USD 1.5 trillion in
                                                                                                                                                                            Major banks
                             operating in India. There are also 46 foreign-owned banks,              infrastructure projects. These ‘wholesale and long-term finance’                                  Total assets (USD millions)

     instructed that all
                                                                                                                                                                            Bank
                             operating a total of 325 branches, 26 private banks, 25 public          banks would be exempted from opening branches in rural areas                                      31 March 2017
                             sector banks and 56 rural or regional banks.                            and would not be obliged to extend loans to the agricultural
                                                                                                                                                                            State Bank of India        531,122

     banks enable mobile
                                                                                                     sector.
                             Regulatory changes permit foreign banks to covert their branches                                                                               ICICI Bank                 152,015
                             into Indian subsidiaries; at present, just four foreign banks have      In 2015, 23 new banks were granted banking licences: two
                                                                                                                                                                            HDFC Bank                  137,569
     and online banking
                             applied to set up wholly owned subsidiaries in India.                   universal banks (IDFC Bank and Bandham Bank), 11 payment
                                                                                                     banks and ten small finance banks (eight of these are micro-           Punjab National Bank       113,052
                             Although India has a diversified financial sector, its banking sector   finance institutions). Payment banks are permitted to take

     across all accounts.    is dominated by state-owned or controlled banks. Three of the
                             top five banks in India have majority government ownership:
                                                                                                     deposits and facilitate transactions only. Small finance banks
                                                                                                     operate on the same basis as the larger universal banks, but
                                                                                                                                                                            Bank of Baroda             110,880
                                                                                                                                                                                                   Source: www.accuity.com, November 2017.
                             State Bank of India (61.6%), Bank of Baroda (54.3%) and Punjab          serve the more marginalised sections of India’s population and
     In April 2017, mobile   National Bank (57.8%). State-run banks control approximately
                             64% of the banking sector’s total assets.
                                                                                                     business. As of December 2017, four of the payment banks had
                                                                                                     launched operations: India Post Payments Bank, Airtel Payments

     banking services
                                                                                                     Bank India-Paytm Payment Bank, and FINO Payment Bank. Eight
                             There are 142,180 branches operating throughout India; public           of the ten small finance banks are operational to date.
                             sector banks account for approximately 52.6% of these. Fifty per

     were provided by
                             cent of the population is unbanked.                                     Demonetisation and the ambitious push by the government and
                                                                                                     RBI towards digital payments, via the Digital India programme, is
                             In 2016, the RBI ended its policy of issuing bank licences during       driving the strategic transformation of the banking sector in India.

     240 banks.              specific windows, declaring that it would be permanently open to
                             applications for banking licences. The move comes as the central
                                                                                                     The volume of digital transactions increased to
                                                                                                     6.38 million, with a value of INR 2,425 crore in March 2017,
                             bank and government push for greater competition in the banking         compared with 280,000 transactions, with a value of INR 101
                             sector. The Indian government has announced plans to reduce its         crore in the nine months to November 2016.
                             stake in state-run banks as part of general disinvestment plans
                             across various industries; at present, government holdings in           In March 2017, the government instructed that all banks enable
                             public sector banks are not permitted to fall below 50%.                mobile and online banking across all accounts. In April 2017,
                                                                                                     mobile banking services were provided by 240 banks.
                             A major plan to consolidate the number of public sector banks
                             was announced in 2016, which, if realised, would see the number         State Bank of India has announced the launch of SBI Digi Bank,
                             of such institutions drop from 27 to just six (Canara Bank and          a digital-only bank, in late 2017 (it already operates InTouch
                             Bank of India (BoI), State Bank of India, Punjab National Bank,         branches, digital branches for instant account opening and
                             Union Bank and Bank of Baroda). On 1 April 2017, the State Bank         customer advice via video etc.). Paytm, the country’s leading
                             of India’s five associate banks (State Bank of Bikaner and Jaipur,      mobile payments company, launched its digital bank, Paytm
                             State Bank of Mysore, State Bank of Travancore,State Bank of            Payments Bank in May 2017. Airtel Payments Bank launched a
                             Patiala and SBH State Bank of Hyderabad) were merged into the           pilot of its digital bank in November 2016.
                             parent company.
                                                                                                     1.
                                                                                                          Reserve Bank of India.
18   HSBC Treasury Management Profile 2018 | India   HSBC Treasury Management Profile 2018 | India                                                                                                  19

                                                     Payment
                                                                                                         1

                                                     Instruments

                                                      Payment statistics

                                                                                               Millions of transactions   % change        Traffic (INR billions)                   % change
                                                                                                                          2015–16/                                                 2015–16/
                                                                                               2014–15       2015–16      2014–15         2014–15              2015–16             2014–15

                                                      Cheques                                  1,196.5       1,096.4      – 8.4           85,434.1             81,860.7            – 4.2

                                                      Credit transfers

                                                      – high-value*                            92.8          98.4         6.0             929,332.9            700,899.8           – 24.6

                                                      – low-value**                            1,383.2       2,696.0      94.9            63,043.9             88,134.4            39.8

                                                      Debit cards                              7,804.6       9,247.0      18.5            23,492.7             26,960.6            14.8

                                                      Credit cards                             619.4         791.7        27.8            1,922.6              2,437.0             26.8

                                                      Direct debits                            226.0         224.7        – 0.6           1,739.8              1,651.5             – 5.1

                                                      e-Money                                  314.5         748.0        137.8           213.4                487.6               128.5
                                                      * Customer transactions via RTGS.                                                       Source: Reserve Bank of India, Payment System Indicators.
                                                      ** ECS CR, NEFT and NACH transactions.

                                                     Cash
                                                                                                                          Credit transfers
                                                     Cash remains the most important payment medium in India,
                                                                                                                          All credit transfers in India are automated.
                                                     particularly for low‑value and medium-value retail transactions.
                                                                                                                          ®® High-value (greater than INR 200,000) and urgent credit
                                                     The Indian government is keen to establish a cashless society and
                                                                                                                             transfers are cleared and settled via the national RTGS system,
                                                     is pursuing an ambitious digital payments plan in order to achieve
                                                                                                                             in near real time.
                                                     this. In November 2016, it launched a demonetisation policy
                                                     which removed 86% of the currency in value terms overnight.          ®® Low-value, non-urgent and high-volume credit transfers are
                                                     A limit on cash withdrawals from ATMs further reduced how               processed via the ECS on a same-day or next-day basis. Low-
                                                     much cash was in circulation. The limits on cash withdrawals            value credit transfers include payroll, supplier and third-party
                                                     were removed on 13 March 2017, and, despite a surge in digital          payments.
                                                     payments, the volume of cash withdrawals at ATMs remains high.       ®® Low-value and high-volume credit transfers can also be
                                                                                                                             processed via the NACH on a same-day basis. The NACH’s
                                                     In its 2017–18 budget, the government stipulated that all cash          Aadhaar Payments Bridge System (APBS) connects banks
                                                     transactions exceeding INR 300,000 would be prohibited.                 with a number of government departments to facilitate
                                                                                                                             the distribution of financial benefits via electronic credit
                                                                                                                             transfer. From 1 May 2016, NACH mandates replaced all ECS
                                                                                                                             mandates for all recurring payments such as credit card and
                                                                                                                             utility bills.
20                                                                                    HSBC Treasury Management Profile 2018 | India      HSBC Treasury Management Profile 2018 | India                                                                                      21

®® One-to-one electronic payments can be made via the ECS, the        % volume of all                                                     % value of all                                                    The volume of pre-paid card transactions has increased threefold
   NACH or NEFT for same‑day or next-day value.                       cashless payments 2015-16                                           cashless payments 2015-16                                         since demonetisation although the value of transactions has
                                                                                                                                                                                                            fallen as card use habits have changed: cards are increasingly
Credit transfers accounted for just 10.3% of the volume of all                                                                                                                                              used to purchase low-value items such as groceries, rather than
cashless payments in 2015–16, but 88.7% of the value.                                                                                                                                                       more luxury items. In December 2016, the RBI permitted pre-
                                                                          Credit Transfers    10.3%                                           Credit Transfers         88.7%                                paid card issuers to issue cards in bulk to companies in order to
Direct debits                                                                                                                                                                                               replace cash salaries with electronic payments and encourage
                                                                          Direct Debits       1.7%                                            Direct Debits            1.0%
Direct debits are available in India for low-value recurring                                                                                                                                                greater adoption of digital payments.
                                                                          Debit Cards         68.5%                                           Debit Cards              2.9%
payments such as utility bills.
                                                                          Credit Cards        5.9%                                            Credit Cards             0.2%
                                                                                                                                                                                                            The volume and value of pre-paid card transactions increased
Direct debits are processed through the ECS on a T+1 basis.               Cheques             8.1%                                            Cheques                  8.0%
                                                                                                                                                                                                            143.5% and 143.6% respectively in 2015–16 on the previous
                                                                          E-Money             5.0%                                            E-Money                  Negligible
                                                                                                                                                                                                            financial year.
In 2015–16, direct debits accounted for just 1.7% of the volume
of all cashless payments, and less than 1% of the value.                                                                                 Source: Reserve Bank of India, Payment System Indicators.
                                                                                                                                                                                                            Mobile wallets are available and increasingly popular in India.
                                                                                                                                                                                                            There were 603 million mobile wallet transactions in India during
Cheques
                                                                                                                                                                                                            the 2015–16 fiscal year, up from 255 million for the previous
The cheque remains a popular cashless payment instrument for          Card payments                                                      same-day or next‑day basis. The Clearing Corporation of India      12-month period. The value of mobile wallet transactions over the
both retail and commercial payments.                                  Payment cards, particularly debit cards, are a popular             (CCIL) is the settlement agency for all transactions routed via    same period was INR 205.8 billion, up from INR 82 billion for the
                                                                      method of payment in India. Credit and debit card payments         the NFS.                                                           previous 12-month period.
All cheques are truncated into electronic items before being          accounted for 5.9% and 68.5% of the volume of all cashless
processed via the CTS. The CTS divides India into three               payments respectively in 2015–16; the value of credit and          Visa payments are routed via the Visa switch for settlement        Mobile wallet transactions have risen dramatically since the
centralised clearing areas (Southern, Western and Northern            debit card transactions over the same period was 0.2% and          through Bank of America. MasterCard payments are routed            government’s demonetisation programme. A lack of POS
Grids). Cheques drawn on bank branches falling within the same        2.9% respectively.                                                 through the MasterCard switch before being settled by the          terminals to carry out card payments is also fueling mobile wallet
grid jurisdiction are treated and cleared as local cheques and can                                                                       Bank of India. Visa and MasterCard payments are cleared on a       growth. In December 2016, the RBI increased the limit of money
be settled on a same-day basis.                                       There were 29.1 million credit cards and 840 million debit cards   next-day basis.                                                    that can be stored on a mobile wallet to INR 20,000, up from
                                                                      in circulation in February 2017. The volume of credit and debit                                                                       INR 10,000.
Speed Clearing facilitates the processing of non-local ‘outstation’   card payments in the year to February 2017, grew by 41% and        There are approximately 235,628 ATMs and
cheques. By removing the need for the physical transportation         140% respectively. The value of payments over the same period      1.5 million POS terminals in India. It is the government’s         The Unified Payments Interface (UPI), launched in 2016, enables
of cheques, Speed Clearing has reduced the maximum clearing           increased by 38% and 177% respectively. Demonetisation             intention to increase the number of Aadhaar POS terminals          mobile-to-mobile funds transfers between mobile apps of
time for non-local cheques from 20 days to two days. Non-local        and the withdrawal of the service tax on credit and debit card     to two million by end 2017. The volume and value of POS            different banks. The UPI@PoS app can be used to make retail
cheques that are not subject to Speed Clearing can take between       transactions of up to INR 2,000, has resulted in a spike in card   transactions via payment card increased 37% and 28.4% in           payments in-store. Apps, including BHIM, Samsung Pay, Paytm,
five days and three weeks to clear.                                   payments.                                                          2015–16 on the previous financial year.                            MobiKwik and BharatQR, among others, are also available.
Banks use courier services for cheque collection in areas where       Visa and MasterCard are the principal payment card brands          A total of 103 banks participate in the NFS ATM network. A         In April 2017, BHIM Aadhaar was launched, enabling transactions
they do not have branch coverage. These cheques are cleared at        issued. RuPAY is India’s domestic payment card system operated     further 681 banks participate as sub-members.                      to be made using only the payer’s fingerprint for authentication.
local clearing houses through correspondent or partner banks.         by the National Payments Corporation of India (NPCI). There are                                                                       In the same month, Amazon India secured a licence to operate a
                                                                      approximately 300 million RuPay debit cards in circulation.        Electronic wallets
Cheques accounted for 8.1% of the volume of all cashless                                                                                                                                                    mobile wallet.
                                                                                                                                         Electronic money schemes in the form of reloadable pre‑paid
payments in 2015–16, and 8% of the value.                             Most debit and credit card payments are processed by the           cards are available and popular. Pre-paid cards can we used to
                                                                      National Financial Switch (NFS), operated by the NPCI, on a        withdraw funds at ATMs, to make online transactions and at
                                                                                                                                                                                                            1.
                                                                                                                                                                                                                 Reserve Bank of India, Payment System Indicators.
                                                                                                                                         POS terminals. The maximum value that can be stored on a pre-
                                                                                                                                         paid card is INR 50,000. Forty-eight banks offer pre-paid cards.
22                                                                                   HSBC Treasury Management Profile 2018 | India       HSBC Treasury Management Profile 2018 | India                                                                                                           23

Payment
                                               1

Systems

Type                                                                 ®® The NACH processed 1,404.08 million transactions in 2015–16,     Transaction types processed
                                                                                                                                                                                                                 Currency centre holidays
The RTGS, India’s national real-time gross settlement (RTGS)            with a value of INR 3,801.83 billion, a 312.8% and 211.1%        The RTGS system processes high-value (above INR 200,000)
system, is operated by the RBI. More than 120,000 bank                  increase respectively on 2014–15 figures.                        and urgent INR-denominated interbank transfers. In addition, the        2018                     13, 26, 27 Jan, 10, 24 Feb, 1, 10, 18*,
branches in over 30,000 cities provide RTGS services.                                                                                    RTGS effects the final settlement of participants’ net balances                                  24, 29*, 30 Mar, 2, 14, 28 Apr, 1, 12, 26,
                                                                     NEFT (National Electronic Funds Transfer) is a deferred net         originating from India’s other clearing houses.                                                  29* May, 9, 15* 23 Jun, 14, 28 Jul,
®® The RTGS processed 98.34 million transactions in 2015–16,         settlement system operated by the RBI. NEFT processes                                                                                                                11, 15, 19*, 22*, 25 Aug, 8, 20*, 22 Sep,
   with a value of INR 1,035,551.6 billion, a 6.0% and 11%           transactions using a standardised financial message format           The CTS processes all cheque payments.                                                           2, 13, 27 Oct, 8*, 10, 24 Nov,
   increase respectively on 2014–15 figures.                         known as the Structured Financial Messaging System (SFMS).                                                                                                           8, 22, 25 Dec
                                                                     Funds are available to beneficiaries on a same or next-day basis,   The ECS processes low-value and non-urgent bulk electronic
The CTS (cheque truncation system) processes all cheque                                                                                  credit and debits. There is no value threshold.                    * The date shown may vary by plus or minus one day. These dates are derived by
                                                                     depending on the location of both banks.                                                                                               converting from a non-Gregorian calendar (e.g., Muslim or Hindu) to the Gregorian
payments in India. The CTS uses a grid-based system to divide                                                                                                                                               calendar. Some of these dates cannot be determined in advance with absolute
cheque clearing into three centralised areas, removing the need      ®® NEFT processed 1,252.9 million transactions in 2015–16,          NEFT processes one-off, low-value electronic credit transfers.     accuracy, even by the governing authorities. In the case of Muslim dates in particular,
for individual clearing houses, and facilitating the same-day           with a value of INR 83,273.1 billion, a 35% and 39% increase     Cash-based remittances and individual transfers to Nepal are       the feast days are determined by the sighting of a new/full moon.

settlement of cheques drawn on bank branches falling within             respectively on 2014–15 figures.                                 restricted to INR 50,000. From 1 May 2016, NACH mandates
                                                                                                                                                                                                                 Source: www.goodbusinessday.com.
the same grid jurisdiction. Cheques drawn on bank branches in                                                                            replaced ECS mandates for all recurring payments such as credit
different clearing grids can take as long as three weeks to clear,   The Bharat Bill Payment System (BBPS) launched operations           card and utility bills.
depending on the participants’ locations and the number of banks     in 2016. The BBPS, operated by the NPCI, processes electronic                                                                             cleared as local cheques and can be settled on a same-day
involved in the transaction. The CTS is operated by the NPCI.        GIRO payment throughout India. Bill payments can be made via        Operating hours                                                       basis.
                                                                     a number of channels, including online, via mobile, POS terminal    The RTGS service window operates 08:00 to 20:00, Monday to         ®® The Speed Clearing system, for the collection of outstation
®® The CTS processed 958.4 million transactions in 2015–16, with     or ATM. There are 23 banks permitted to operate as Bharat Bill      Saturday, except for the 2nd and 4th Saturday of every month          cheques, removes the need for the physical transportation
   a value of INR 69,889.2 billion. This was a 0.7% decrease in      Payment Operating Units.                                            which is a public holiday.                                            of cheques between participating banks (banks which have
   volume on 2014–15 figures, but a 4.7% increase in value.                                                                                                                                                    networked their branches by implementing Core Banking
                                                                     The Immediate Payment Service (IMPS) is a 24/7 interbank            NEFT operates 08:00 to 19:00, Monday to Saturday, except for the      Solutions) and ensures cheques are processed within two
The ECS (Electronic Clearing Services) is a deferred net             electronic fund transfer service for payments made via mobile       2nd and 4th Saturday of every month which is a public holiday.        working days.
settlement system operated by the RBI. The ECS is divided into       phone, the internet or at ATMs. IMPS is operated by the NPCI.                                                                          ®® Cheques processed between banks in clearing zones that are
two subsystems: ECS‑Credit and ECS‑Debit. Payment instructions                                                                           See Clearing cycle details for information on the other systems.
                                                                                                                                                                                                               not subject to Speed Clearing can take between five days and
are made via a service centre in Mumbai. Funds are available to      ®® IMPS processed 220.81 million transactions in
                                                                                                                                         Clearing cycle details                                                three weeks to clear.
beneficiaries on a T+1 basis.                                           2015–16, with a value of INR 1,622.3 billion, a 181.5% and
                                                                        178.8% increase respectively on 2014–15 figures.                 RTGS system
                                                                                                                                         The NG-RTGS system settles transactions in near real time          Final settlement takes place across the participants’ accounts
®® The ECS processed 263.75 million transactions in 2015–16,                                                                                                                                                held at the RBI via the RTGS.
   with a value of INR 2,691 billion, a 22.7% and 28% decrease       Participants                                                        (maximum of two hours) either on a gross or offset basis.
   respectively on 2014–15 figures.                                  The RTGS has 193 participants.                                      Settlement takes place across participant banks’ correspondent
                                                                                                                                                                                                            NEFT
                                                                                                                                         accounts held at the RBI.
                                                                                                                                                                                                            NEFT operates 23 settlement batches at half-hourly intervals
The NACH (National Automated Clearing House), is a                   The CTS has 209 participants.
                                                                                                                                         CTS                                                                beginning from 08:30 to 18:30.
centralised electronic clearing system operated by the NPCI.
NACH processes low-value and high-volume direct debit and            The ECS has 117 bank participants.                                  Cheques are truncated into electronic items before being
                                                                                                                                                                                                            Final settlement takes place across participants’ accounts held at
direct credit transactions on a same-day basis. NACH aims                                                                                processed in one of four centralised clearing areas across the
                                                                     NEFT has 187 bank participants at 145,115 branches.                                                                                    the RBI via the NG-RTGS. Funds are available on a same or next-
to consolidate the multiple existing ECS systems operating                                                                               country.
                                                                                                                                                                                                            day basis.
across India.
                                                                                                                                         ®® Processing depends on the location of the remitting and
                                                                                                                                            beneficiary banks: same CTS grid jurisdiction are treated and
                                                                                                                                                                                                            1.
                                                                                                                                                                                                                 Reserve Bank of India.
24                                              HSBC Treasury Management Profile 2018 | India        HSBC Treasury Management Profile 2018 | India                                                                                          25

Cash
Management

     Regulatory controls        Domestic
                                Notional pooling
                                                                                                     Short-term investments
                                                                                                     ®® Interest can be earned on resident and non-resident demand
                                                                                                                                                                          The RBI provides depository services for government securities.

                                                                                                                                                                          The National Securities Clearing Corporation Ltd (NSCCL) carries
                                Notional pooling is not permitted in India.                             deposit accounts.

     and withholding tax        Cash concentration
                                                                                                     ®® Demand deposit accounts are available in INR or major foreign
                                                                                                        currencies.
                                                                                                                                                                          out clearing and settlement functions. The NSCCL has two
                                                                                                                                                                          categories of clearing members: trading clearing members and
                                Cash concentration, and in particular zero balancing, is permitted                                                                        custodians.
     implications make
                                                                                                     ®® Time deposits are available in INR or major foreign currencies.
                                between resident and non-resident accounts. However,
                                                                                                        Non‑residents may be required to invest for a minimum of one
                                regulatory controls and withholding tax implications make such                                                                            Trading members’ proprietary trades become the member’s
                                                                                                        year. There are no such restrictions for residents.

     cash concentration
                                arrangements difficult to operate.                                                                                                        obligation for settlement. When trading on behalf of clients
                                                                                                     ®® Certificates of deposit (CDs) are offered by commercial banks,    and a custodian is involved, the member flags the trade with a
                                One or more legal entities may be included, although if the             with maturities ranging from one week to 12 months. Most are      Custodian Participant code. The custodian is required to confirm

     arrangements such as       entities have different beneficial ownership structures, rules on       issued for 91 days. CDs are issued in multiples of INR 100,000.   settlement of these trades on T+1 by 13:00. Non-confirmation by
                                intercompany lending apply.                                             The minimum investment amount is INR 100,000. CDs can be          the custodian devolves the trade obligation on the member who
                                                                                                        interest-bearing or issued at a discount.                         had input the trade for the respective client.

     zero balancing difficult   Cross-border cash concentration is permitted, but regulatory
                                controls make such arrangements difficult to operate.
                                                                                                     ®® Commercial paper is available to residents and non-residents
                                                                                                        and is issued with maturities ranging from one week to one        Trades in the normal settlement segment are subject to a
                                                                                                        year. The minimum investment is INR 500,000. Commercial           multilateral netting procedure, under which the clearing member
     to operate.                Collections
                                Lockbox services are permitted to speed up cash collections.
                                                                                                        paper must be rated by an RBI-specified Indian rating agency.
                                                                                                     ®® Treasury bills are issued via weekly auction by the RBI
                                                                                                                                                                          has a net settlement obligation (delivery/receipt of securities
                                                                                                                                                                          and cash). In the case of securities in the Trade for Trade –
                                However, the absence of a central cheque clearing system means          for maturities of three, six and 12 months. The minimum           Surveillance segment and Auction Trades, obligations are
                                few companies use lockboxes. Instead, where banks do not                investment amount is INR 10,000.                                  determined on a gross basis for both funds and securities.
                                have a physical branch, they use courier or coordinator networks
                                                                                                     ®® Money market funds are available.
                                to collect paper-based instruments. These are then deposited                                                                              BIS Model
                                                                                                     ®® Inter-corporate deposits are made by companies directly to
                                as local instruments in the clearing location through their                                                                               ®® Model 1.
                                                                                                        other companies for terms of up to six months.
                                correspondent or partner banks.
                                                                                                                                                                          Settlement cycle
                                                                                                     Custody and securities settlement1
                                Cross-border                                                                                                                              ®® T+2 for equities.
                                                                                                     Depositories
                                Cross-border payment instructions are routed via SWIFT and                                                                                ®® T+N for bonds.
                                                                                                     ®® Central Depository Services (India) Limited (CDSL).
                                settled through accounts held with correspondent banks abroad.
                                Cross-border transactions are also possible via a foreign currency   ®® National Security Depository Limited (NSDL).
                                demand draft.                                                        ®® The Reserve Bank of India (RBI).

                                Lifting fees                                                         The CDSL is a depository company that facilitates the holding
                                Fees are applied to funds transfers between resident and non-        of securities in dematerialised form and transfer of securities
                                resident accounts.                                                   through book entry.

                                                                                                     More than 90% of the settlement by value on all stock exchanges
                                                                                                     in the country is facilitated through the NSDL.

                                                                                                                                                                          1.
                                                                                                                                                                               Data as at April 2017.
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