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India delays tax law; what this means for investors

By Emerging Money May 08, 2012, 04:00:51 PM EDT

The government of India's decision to delay a controversial tax law Monday sent markets higher, even as other Asian markets fell due to concerns over Europe. However, while the tax law postponement may boost markets in the short term, this outcome is indicative of a lack of resolve by the Indian government that will hurt the Indian economy ( EPI , quote ) in the long run.

[caption id="attachment_59409" align="alignright" width="300" caption="Chaos in New Delhi"] Image courtesy xtradc: http://morguefile.com/creative/xtradc [/caption]

The law in question pertains to tax avoidance by international companies operating in India. Foreign firms had been concerned that this new law would tax activity in the country retroactively .

Such pernicious legislation would be hostile to foreign business interests in the country and could expedite the outflow of foreign direct investment (FDI) from India.

As Dinesh Kanabar, head of KPMG India's tax practice in Mumbai, told the Financial Times : "It is clear that having met with investors the government realised there would be lots of unintended consequences. It is very positive that they are rethinking this move ."

Although the Indian government eventually reached a decision that will not alienate foreign investors, the process is indicative of a troubling trend. The government's capricious nature has created an environment that has made foreign companies wary.

On multiple occasions over the past twelve months, the Indian government has proposed a major change in Indian law, such as allowing foreign retailers to compete in the Indian market, only to reverse the decision later.

Multinationals do not like to operate in countries where government resolve is weak, as it makes the relative risk of large capital expenditures difficult to assess. If India cannot ensure that laws passed are immutable, companies will simply avoid investing in the country.

Combined with rising inflation , a troubling current accounts deficit , and political gridlock , the Indian economy ( INDY , quote ) has a number of fundamental problems that must be addressed if the country is to resume brisk growth rates in the future.

Disclosure: Author's immediate family is long EPI

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The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of The NASDAQ OMX Group, Inc.


This article appears in: Investing, International, Stocks

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