原创翻译:龙腾网 http://www.ltaaa.com 翻译:penender123 转载请注明出处

The dispute betweenNissan and the Tamil Nadu government also shows how local disputes couldundermine the Modi government's efforts to attract foreign investment andcreate new jobs.


MUMBAI: LeadingJapanese car maker Nissan Motor has initiated arbitration proceedings againstIndia seeking more than $750 million in what it said were tax incentives owedto it since 2015 by Tamil Nadu. State government officials denied it had doneanything wrong and said the company was engaging in pressure tactics.

孟买:日本领先的汽车制造商日产汽车(Nissan Motor)已经启动了对印度的仲裁程序,要求泰米尔纳德邦(Tamil Nadu)支付自2015年以来向其许诺的的超过7.5亿美元的税收优惠。 邦政府官员否认他们曾做过任何错事,并表示这是(日产)公司的压力战术。

Reuters reported Friday morning that the casewas brought against India for alleged violations of the Comprehensive EconomicPartnership Agreement signed with Japan last year. The carmaker, in itseight-page notice to the Prime Minister of India, has claimed Rs 2,900 crore inunpaid incentives along with Rs 2,100 crore in damages, plus interest and othercosts, accruing from Tamil Nadu.

路透社周五早间报道说,这起案件是因印度涉嫌违反去年与日本签署的“全面经济伙伴关系协定”而起诉的。 这家汽车制造商在给印度总理的8页通知中声索未兑现的税收优惠2900亿卢比,此外要求获得价值2100亿卢比的损失补偿,以及泰米尔纳德造成的利息和其他费用。

Nissan made repeated requests to state officialsfor the payments that were overlooked, it said. Even a plea by chairman CarlosGhosn to the PM in March last year seeking federal assistance did not yield anyresults, according to the notice cited by the newswire.

日产曾多次要求邦政府官员支付被这一忽视的款项。 根据newswire引用的消息来源,甚至连去年公司董事会主席卡洛斯·戈恩(Carlos Ghosn)向总理提出的请求都没有产生任何结果。

However, Tamil Nadu state government officialstold ET that this amounted to pressure tactics. As part of the memorandum ofunderstanding (MoU) signed between Nissan and the state in 2007-08, it wasagreed that the Tamil Nadu government would extend tax incentives over a periodof 21 years, a person aware of the matter told ET.

不过,泰米尔纳德邦政府官员告诉经济时报,这相当于压力战术。 据知情人士透露,作为2007 - 08年度日产与印度联邦签署的谅解备忘录(MoU)的一部分,双方同意将泰米尔纳德邦政府需要支付的税收优惠在备忘录签署后的21年内支付完毕。

In return, the company was expected to worktoward the development of an auto ancillary vendor system in the region andgenerate employment during this period.


The official expressed the fear that paying thetax break to companies like Nissan before the 21-year period was up would meanlittle incentive for contributing back to the region. "It is clear thatthe tax rebate is due to the company and there is no dispute on that. It isalso a fact that outstanding dues are being accumulated over the years andhence there is this arbitration.

这名官员表示,担心在二十一年期限到期之前向日产等公司支付税收减免会减少日产公司回馈本地区地区的动力。 “很明显,这退税是公司应得的,不存在争议,而且多年来未支付款项积累起来也是事实,因此才有这个仲裁。”

We are hoping that the matter is resolvedsoon," a Nissan Motor India source said. A senior government official toldET that the state government was not in the wrong and would try to settle thedispute amicably. He added that Nissan was trying to extract the commercial taxrefund or subsidy from the government in an accelerated fashion, which coulddisrupt the government's reserves.


"There is no discrepancy in the dues to bepaid to Nissan and the tax refund is proportionately distributed based on theinvestment made by the company," added the official who didn't want to benamed. Tax benefit of about Rs 1,600 crore was given to Nissan this financialyear, said the person. Tamil Nadu is not a party to this case, a stategovernment official said.

一位不愿透露姓名的官员补充说:“双方对应向日产公司支付费用没有异议,但退税是与公司的投资额是成比例的。” 该人士说,日产在本财政年度的已经得到了约为1,600亿卢比的退税。 泰米尔纳德邦并没有直接参与这个仲裁案件,一位邦政府官员说。



The case of seeking accelerated benefits issimilar to the tussle vehicle manufacturers in Maharashtra had with the stategovernment five years ago, experts said. Companies sold vehicles manufacturedat their Maharashtra facility to marketing and distribution companies in thestate before selling in other jurisdictions. They then claimed value added tax(VAT) refunds on entire production in the state.

专家表示,这种寻求提前获得收益的案例与马哈拉施特拉邦五年前与一家车辆制造商产生的争执类似。那家公司先将在马哈拉施特拉邦工厂生产的车辆出售给邦内的销售和分销公司,然后再向其他司法管辖区出售。 这样,他们所有的产能都得到了邦内增值税(VAT)退税。

In order to claim the tax benefit in anaccelerated fashion, Nissan integrated its marketing and sales company withinthe state following the exit of Hover Automotive, the unit tasked with thesefunctions.

为了加速兑现税收优惠政策,日产在Hover Automotive退出之后,迅速接管了HoverAutomotive在该邦的营销和销售公司。Hover Automotive其实是日产用来套取税收优惠的皮包公司。

"With Nissan trying to claim a tax benefitin an accelerated fashion, it may lead to a disproportionate distribution oftax incentive and taking a leaf out of Nissan books, other companies too mayfollow the same method," said the official cited above. "We have over2000 Japanese companies in the state. None of them has had issues so far. Wecan't give into this demand."

这位官员说:“由于日产试图加速兑现税收优惠,可能会导致税收激励的不成比例的分配,开了日产这个恶例,其他公司也可能采用同样的方法(加速兑现税收优惠)。 我们这个邦有2000多家日本公司,到目前为止都没有出现过这种问题,我们不能满足这个要求。”

A Nissan Motor India spokesman said: "Weare committed to working with the government of India toward a resolution.Nissan is proud to play a role in the Make in India effort and we have createdover 40,000 jobs in India, directly and indirectly, and contributed to theeconomic growth of Tamil Nadu where we have invested around a billiondollars."


There was no response to an email sent to the PrimeMinister's Office (PMO).


Having set up its plant in Oragadam in 2010,Renault Nissan Alliance Pvt. Ltd has invested more than Rs 6,100 crore in thepast decade or so. The plant has an annual production capacity of 480,000units, with Nissan using the base as a major export hub since inception.

雷诺日产联盟私人有限公司于2010年在奥拉加达设立了工厂。 在过去的十年左右,此公司已投资超过6100亿卢比。 该厂年生产能力为48万台,工厂自建成以来,已成为日产公司的主要出口枢纽。

The notice cited by Reuters said Nissan'slawyers called the state government's decision to not pay "arbitrary"and said the company had "incurred significant and increasinglosses," adding that the incentives were critical to the project'sviability and sustainability.