Despite no Formula 1 races being held in India since 2013, the Supreme Court has ordered has ordered Formula One World Championship (FOWC) to pay taxes. The Delhi High Court had issued a ruling that the three Formula 1 races held between 2011 and 2013 should be taxed and this has been upheld by the Supreme Court of India as well.
The court’s ruling follows the surmise that since FOWC is a permanent establishment in India, all income accruing from it should be taxable. The court also stated that Buddh International Circuit, owned by Jaypee Group is a permanent establishment in India, conducting business for F1 due to which all income arising out of it should be taxed while the amount that is to be taxed is to be assessed by an assessing officer.
Though no amount of taxes has been assessed as on date, tax will be levied at a rate of 40% of total business income. There will also be additional interest on tax. Supreme Court also stated that all payments made by Jaypee Group to Formula 1 management for use of logos and symbols will be treated as business income and not as royalty.
This income is also due to be taxed as these symbols were used to host events and were not for property purposes. Besides this levy of taxes on Formula 1 by the Supreme Court, the Delhi Government also wants to add an entertainment tax for all F1 events held at the Buddh International Circuit.
Back in 2011, the first Formula 1 race took place in India as Indian Grand Prix. A total of five races were to take place through 2016, but due to these issues with Indian govt, the F1 body did not include India in the calendar from 2014 onwards. With this new ruling, it seems F1 is not going to return to India, atleast for the foreseeable future.