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Apple Presses India to Revise Tax Law on Factory Equipment Ownership

Officials are weighing the request carefully because any change could curb India's ability to tax foreign profits.

Overview

  • Apple is seeking modifications to the Income Tax Act so that owning iPhone assembly machines at contract manufacturers does not create a taxable “business connection.”
  • Apple executives have held talks with Indian officials in recent months, and a senior official confirmed that discussions on the tax issue are ongoing.
  • Tax specialists cite a 2017 Supreme Court ruling in the Formula One case to warn that Apple could face billions in Indian taxes if it retains control over machines inside local factories.
  • India’s share of global iPhone shipments has climbed to about 25% since 2022 as Foxconn and Tata invested more than $5 billion to open five manufacturing facilities.
  • The industry group ICEA has submitted a confidential request for legal clarity on equipment ownership, and Apple as well as India’s IT and finance ministries declined to comment.