Volkswagen’s $1.4bn India tax tussle rekindles foreign investor fears

NEW DELHI: India’s demand for back taxes running into a record $1.4 billion from Volkswagen, after 12 years of scrutiny, is reigniting concerns that lengthy investigations and litigation could sour the plans of foreign firms in the fastest-growing major economy.

Automakers such as Maruti Suzuki, Hyundai, Honda and Toyota face demands for about $6 billion collectively in disputes on income-tax, customs and other payments that go back years, a Reuters analysis shows.

Although Prime Minister Narendra Modi has been courting foreign investors with promises to simplify regulations and uproot bureaucratic hurdles, lengthy tax investigations remain a sore point, often triggering lawsuits that stretch over years.

In one high-profile incident, telecoms company Vodafone won its case against a $2-billion retrospective Indian tax demand after more than a decade of legal battles with New Delhi, including international arbitration at the Hague.

Now, Volkswagen’s move on January 29 to sue India for $1.4 billion in tax that the firm called “impossibly enormous” is making foreign companies jittery. Tax advisers and lawyers say they are fielding nervous queries from clients about how years-old tax cases could come back to haunt them.

Calls are also growing for an amnesty scheme for cases running for years, as India set a three-year window on February 1 to conclude reviews of customs shipments, but the rule excludes old disputes running into billions of dollars.

“The government clearly recognised this now and redressed it, but it is unlikely old tax demand notices will be given any benefit,” said Ameya Dadhich, a tax associate at global law firm DLA Piper.

“Such instances can deter foreign companies from investing heavily in India,” he added. “An amnesty scheme will be helpful given that around 40,000 tariff disputes are pending.” India’s finance ministry did not respond to queries from Reuters.

Modi wants to turn India into a manufacturing hub, but many electronic and auto companies rely on assembly operations using parts for high-end cars or smartphones imported from markets such as China and Europe, often spurring investigations. Government data shows total pending arrears of service tax, customs and excise levies stood at nearly $53 billion in November 2024, with a whopping 70 per cent disputed in litigation.

In the category of import tariff, or customs disputes alone, India had made tax demands of $4.5 billion by March 2024, with a third of those pending for more than five years.

One tax adviser and a lawyer for a foreign automaker in India said the Volkswagen news sparked a flurry of calls from companies to gather updates on scrutiny of their shipments, to ensure their imports are classified correctly for tax.

Tax backlog 

In a move seen as aimed at placating U.S. President Donald Trump, who once called India a “tariff king”, New Delhi cut average tariffs on February 1 to 11 per cent from 13 per cent, though they still exceed those of China, Japan and the United States.

Imports of fully built luxury cars face Indian taxes and levies of about 100 per cent, while the rate is 150 per cent for Scotch whisky and wine. In the highly competitive auto sector, Volkswagen is not alone in facing tax scrutiny.

Maruti has $2.4 billion of tax demands in dispute, with at least one case concerning transactions from 1986. Volkswagen is locked in tussles over $1.2 billion, apart from the most recent demand, while Hyundai faces $488 million in such demands.