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Ncell’s 4G license to be withheld

By Sarah Chen
1 min read
Ncell
Ncell
In this article (5)

The Nepal Telecommunications Authority (NTA) has backtracked on its decision to grant Ncell a 4G license in response to a directive from the parliamentary Public Accounts Committee (PAC).

The committee recently directed the regulator to prevent Ncell from launching 4G services until an ongoing dispute over capital gains tax is settled. The NTA has announced it will abide by this decision.

Ncell was granted approval earlier this month to launch 4G services despite an earlier decision by the PAC not to allow the launch until the tax dispute is settled.

In making its decision, the NTA said the directive has been issued in the spirit of Nepal’s technology neutral spectrum policy, as well as in response to a finding from Nepal’s Development Committee that withholding a license would negatively affect consumers and state funds.

The tax dispute revolves around the sale of Sweden’s TeliaSonera’s indirect majority stake in Ncell to Malaysia’s Axiata for $1.03 billion in 2015.

But the government has been split on whether the tax should be paid by the buyer or the seller and may require Ncell to pay on behalf of the international companies. There is also disagreement over whether Nepalese tax law even applies to the transaction, as it involved the sale of a holding company listed in a tax haven.

Questions & Answers

Q.

What is the primary reason Ncell’s 4G license has been withheld?

A.

The Nepal Telecommunications Authority (NTA) has backtracked on its decision to grant Ncell a 4G license because of a directive from the parliamentary Public Accounts Committee (PAC), which ordered them to prevent the launch until a capital gains tax dispute is settled.

Q.

Why is there disagreement over who should pay the outstanding capital gains tax?

A.

The government is divided on whether the tax should be paid by the buyer or the seller. There is also disagreement about whether Nepalese tax law applies at all, as the transaction involved a holding company listed in a tax haven.

Q.

How much was the sale of TeliaSonera’s stake in Ncell to Axiata worth?

A.

The sale of Sweden’s TeliaSonera’s indirect majority stake in Ncell to Malaysia’s Axiata in 2015 was valued at $1.03 billion. This transaction is at the heart of the current capital gains tax dispute.

Q.

Did the NTA previously approve Ncell's 4G launch despite the tax issue?

A.

Yes, Ncell was granted approval earlier this month to launch 4G services. This was despite an earlier decision by the Public Accounts Committee not to allow the launch until the capital gains tax dispute was settled.

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