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Finshots Daily

Why are tax authorities running after PepsiCo's advertising spends?

May 23, 2024
05:34
Snipd AI
Tax authorities are scrutinizing multinational corporations like PepsiCo over their advertising spends. The Delhi High Court ruling, implications of cross-border transactions, and tax deductibility of marketing expenses are discussed. Authorities are pursuing taxing advertising expenses, citing benefits to associated entities abroad, using a Brightline test, with courts tending to side with companies over complex branding value arguments.
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Quick takeaways

  • Tax authorities aim to tax marketing expenses benefiting associated entities abroad.
  • Courts emphasize the need for concrete evidence showcasing marketing expenses benefiting associated entities exclusively.

Deep dives

Tax Authorities' Issue with PepsiCo's Marketing Expenses

Tax authorities have been questioning some of PepsiCo India's marketing expenses, aiming to tax the ones benefiting associated entities abroad. This stems from the Brightline test, comparing AMP expenses with those of similar companies in India to identify excessive spending that disproportionately benefits parent companies. While tax authorities argue for proper taxation on international transactions, courts have supported PepsiCo, emphasizing that the branding and awareness campaigns primarily target domestic sales, with any additional benefits to associated entities being incidental.

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