摘要:这篇留学生法律论文主要分析印度公司在美国所面临的问题,这份报告的目的是为了强调印度对美国出口时面临的不同问题和非关税壁垒。报告还建议利益相关方应该采取一定的措施。
ISF provide improved security benefits sufficient to offset the considerable cost of compliance.
2. e. (iii) Totalization Agreement
Totalization agreements are bilateral arrangements that coordinate contributions into and benefits paid out of government retirement plans in two countries. The main purpose of such agreements is to eliminate dual
taxation.
“Absence of Totalization agreement between India and US, resulting in payment of high social security benefits without any benefits” - Survey Response
According to government estimates, Indians working short-term in the US contribute up to $1 billion to the US every year as social security contribution. In the absence of a totalization agreement with India, the social security taxes paid by Indian nationals in the US are not returned to them as they do not qualify for these benefits. India and the United States have been discussing a totalization agreement since 2006 but have not yet reached a consensus.
In practice, an Indian company that deputes its employees abroad guarantees a non-reduction in disposable income. Essentially this means that the employer agrees to pay both the employer and the employee share of the host country social security taxes on behalf of its deputed professionals. This raises business costs, thereby adversely affecting competitiveness of Indian companies at the time when competition is intensifying. In absence of such an arrangement between the employer and the employee, the employee's after-tax income is reduced, resulting in inequity.
India currently receives inward flow of remittances of around $30 billion, while the outflow from India is around $2 billion. These amounts are expected to grow with the increase in two-way flow of workers.
2. e. (iv) H1-B Cap
“The annual H-1B cap is utilized immediately, thus affecting the deployment of resources to provide services to the clients. [There is] severe backlog of Immigrant visa for Indian nationals, thereby affecting the ability to deploy resources for long term” – Survey Response
In 2008, USCIS reached the FY2009 H-1B cap on April 7th while in 2007; it had reached the cap on April 2nd.
2. e. (v) Bankruptcy Code
Figure 5: Chapter 7 filings
Figure 6: Chapter 11 filings>
“Indian industries to feel bankruptcy tremors: D&B”- Financial Express
D&B research has revealed that the accelerating pace of bankruptcies in the US has a direct bearing on various Indian industries that export goods to the US. In manufacturing, the key sectors to be impacted are printing, industrial and commercial equipment, chemicals, fabricated metal products, food processing, auto-equipment and apparel.
Table 1: Chapter 7 and 11 filings: Sector wise Analysis
Sector
Chapter 7 and 11 filings
Transportation related equipment manufacturing/ services/trading
Over 2,000
Chemical and Pharmaceutical segment
1,400
Gems and Jewellery
100
The July-October '08 period witnessed a 50% jump in apparel retail bankruptcies compared to the entire first half. This trend has severe implications for Indian exporters since the US accounted for about 13% of total Indian exports in
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