EPC Contracts: Framework, Challenges, and Strategic Insights from direct tax perspective

What is an EPC contract?

An Engineering, Procurement, and Construction (EPC) contract is a turnkey arrangement where a single contractor assumes full responsibility for the project’s design (engineering), sourcing of all necessary materials and equipment (procurement), and construction. Under this model, the contractor delivers the completed project in a fully operational condition, adhering to a fixed cost and timeline, while also providing performance guarantees—such as efficiency, safety, and output standards.

For the employer, this structure offers a single point of accountability, significantly reducing project risks. The contractor bears the burden of any delays, cost overruns, or performance shortfalls.

Tax Perspective

From a taxation standpoint, the Income Tax Act, 1961 plays a crucial role in determining the taxability of income arising from EPC contracts. Several key issues typically arise under this framework, including:

1. Corporate Income Tax Issues

• Taxability of Offshore Supplies and Services
• Taxability of Onshore Supplies and Services
• Withholding of tax on payments to Non-Residents (NRs)
• Permanent Establishment (PE) Exposure – Tax Treaty Perspective
• Association of Person (AOP) Exposure – Domestic Tax Law Perspective

2. Personal Income Tax Issues

• Determination of Residential status
• Analysis of Scope of Income
• Computation of Income Tax Liability
• Personal Income Tax Return
• Income Tax Assessments of Expatriates
• Social Security Regulations
• Short Stay Exemptions and Foreign Tax Credits

3. Transfer Pricing Issues

• Transfer Pricing Study
• Transfer Pricing Certification

4. Other Relevant Tax Issues

• General Anti-avoidance Rule (GAAR)
• Base Erosion and Profit Shifting (BEPS)
• Income Computation and Disclosure Standards (ICDS)

How can MBG help?

• Corporate Income Tax Advisory & Compliances – We support businesses in navigating the complexities of Indian taxation for both onshore and offshore operations. Our services include advising on the taxability of cross-border supplies and services, ensuring correct withholding tax compliance for payments to non-residents, and assessing exposure under Permanent Establishment (PE) and Association of Persons (AOP) provisions to prevent unexpected tax liabilities.

• Personal Income Tax & Expatriate Services- We assist expatriates and globally mobile employees with personalized tax planning and compliance. This includes determining residential status, computing and filing tax returns, managing tax assessments, complying with social security laws, and leveraging tax treaty benefits such as short-stay exemptions and foreign tax credits to optimize tax outcomes.

• Transfer Pricing Compliance- Our team ensures your intercompany transactions are compliant and defensible. We offer comprehensive transfer pricing documentation and conduct benchmarking studies in line with Indian regulations, along with facilitating timely certification through Form 3CEB to keep you audit-ready.

• Strategic Tax Advisory & Risk Management- We help businesses stay ahead of evolving regulations by advising on anti-avoidance (GAAR), aligning tax structures with global BEPS guidelines, and ensuring accurate application of Indian accounting-based tax rules under ICDS. Our proactive approach minimizes exposure and enhances tax governance.