Overview

What this area handles

A foreign parent entering India chooses between a wholly-owned subsidiary, a branch office, and a liaison office before it hires anyone. The choice determines the tax base, the repatriation route, and the reporting calendar that follows. We model the options against the parent's intended activity. Setup then runs end to end: incorporation, registrations, bank account, and the initial FEMA filings. Reporting begins as soon as capital moves. Form FC-GPR follows an allotment to a non-resident. The annual FLA return covers foreign assets and liabilities, and FC-TRS applies when shares move between residents and non-residents. Transactions with the parent or another group company bring transfer pricing into scope. Documentation under Sections 92 to 92F of the Income-tax Act, 1961 becomes annual, together with the Form 3CEB report. Outbound work mirrors this: overseas investment by an Indian company runs through the Overseas Investment Rules, 2022, with Form FC and annual performance reporting. We also handle withholding on payments abroad, Form 15CA and 15CB certification, and treaty positions supported by a tax residency certificate.

Scope

What this covers

8 lines of work
01
Wholly-owned subsidiary, branch, and liaison office comparison
02
Incorporation and post-incorporation registrations
03
FDI reporting: FC-GPR, FC-TRS, and the annual FLA return
04
Overseas investment filings under the Overseas Investment Rules, 2022
05
Transfer pricing study and Form 3CEB certification
06
Withholding on foreign remittances with Form 15CA and 15CB
07
Permanent establishment and place-of-effective-management review
08
Repatriation planning across dividend, royalty, and service-payment routes
Audience

Who this is for

3 segments

Multinational Subsidiaries & India Entry

Subsidiary, branch, and liaison office setup, FEMA compliance, FDI and ODI reporting, and transfer pricing documentation for related-party transactions.

Growth-Stage Startups

Cap table maintenance, priced-round and SAFE documentation, ESOP grant and administration, and the compliance calendar that follows each funding round.

Venture Capital & Private Equity Funds

AIF structuring and registration, fund-level compliance and reporting, and diligence and finance support for portfolio companies after investment.

Legislation

Statutes and regulations engaged

5 references
01
Foreign Exchange Management Act, 1999
02
FEM (Non-debt Instruments) Rules, 2019
03
FEM (Overseas Investment) Rules and Regulations, 2022
04
Income-tax Act, 1961 โ€” Sections 92 to 92F and Section 195
05
Consolidated FDI Policy issued by DPIIT
Questions

Typical questions we are asked

4 examples
01

Should we set up a subsidiary or start with a branch office?

02

What do we have to file after the parent remits share capital?

03

Will our India team create a permanent establishment for the parent company?

04

How do we remit royalty to the parent without the deduction being disallowed?

Related work

Related practice areas

3 areas
07

Direct Taxation

Corporate and personal income tax positions, returns, withholding, and departmental representation.

10

Company Law & ROC

Incorporation, board and shareholder process, and ROC filings kept current.

11

NRI Taxation

Residency, treaty positions, repatriation, and Indian filings for global-income individuals.

See the full list of practice areas for every area the firm handles.

Discuss Cross-Border & India-Entry Advisory

Describe the position you are in and the decision in front of you. You will hear back from the person who would handle the file.

Location Hyderabad, Telangana
Availability Mon โ€“ Sat, by appointment
Enquiries Contact page