Tax, FEMA, FDI & Transfer Pricing

India's tax and exchange-control framework is where most foreign-owned structures gain — or lose — efficiency. We provide coordinated advisory across direct tax, international tax, indirect tax (GST), FEMA/FDI compliance, RBI reporting and transfer pricing, with execution through appropriate professionals where statutory filings or certifications are required. All specific positions are subject to applicable law and professional review.

Entity tax structure & direct tax

The way your Indian entity is structured — subsidiary, branch, LLP or project office — drives its direct tax profile, including the applicable corporate tax regime, surcharge, cess and minimum-tax considerations. We review your structure against your business model and repatriation goals, and outline the headline direct-tax position before you commit.

• Corporate income-tax regime selection and review
• Surcharge, cess and effective-rate orientation
• Minimum / alternate tax considerations
• Permanent-establishment and place-of-effective-management exposure review
• Advance tax and return-filing calendar coordination

International tax & withholding tax

Cross-border flows between your Indian entity and the overseas group are the heart of an MNC structure. We map the interaction of domestic law and the applicable double-tax treaty across the main payment streams, and outline the withholding (TDS) position for each. Final rates depend on the nature of the payment, treaty eligibility, tax-residency and beneficial-ownership documentation.

Each of these streams is also a transfer-pricing-sensitive transaction, so pricing and documentation must be consistent with the withholding and treaty positions. We coordinate the two together to avoid contradictory filings.

GST & indirect tax

Goods and Services Tax (GST) applies to most supplies of goods and services in India, including certain imported services under reverse charge. We provide orientation on registration, classification, input-tax credit, place-of-supply and export/zero-rating considerations relevant to a foreign-owned operation, and coordinate compliance through appropriate professionals.

• GST registration and threshold review
• Rate classification and HSN/SAC mapping
• Input-tax credit and reverse-charge orientation
• Place-of-supply and export / zero-rating treatment
• Periodic return and reconciliation calendar

FEMA / FDI compliance & RBI reporting

Foreign investment into India operates under the FEMA framework and sectoral FDI policy. Some sectors are on the automatic route, others require prior approval, and several carry sectoral caps and conditions. We review your sector position and coordinate the post-investment RBI reporting that follows capital infusions and share transfers.

• FDI route and sector-cap review
• RBI reporting on capital infusion and allotment
• Reporting on transfer of shares between residents and non-residents
• Pricing-guideline and valuation-support coordination
• Annual return on foreign liabilities and assets coordination

Transfer pricing documentation

Transactions between your Indian entity and associated enterprises must be at arm's length, with supporting documentation and reporting where prescribed thresholds are crossed. We help scope related-party transactions, coordinate benchmarking and documentation, and align the position with your withholding and FEMA filings.

• Related-party transaction mapping
• Method selection and benchmarking coordination
• Local documentation and reporting
• Master file / country-by-country orientation where applicable
• Accountant's report coordination through appropriate professionals

Repatriation, royalty, FTS, dividend, interest & management fee structuring

Getting value back to the group is often the real test of a structure. We provide repatriation advisory and help structure the individual streams — royalty, fees for technical services, dividend, interest and management fee — so they are commercially supportable, transfer-pricing-consistent and FEMA-compliant. Any specific caps on royalty or fee payments are confirmed against current policy.

• Repatriation roadmap subject to applicable law and tax clearance
• Royalty structuring and documentation
• Fees for technical services structuring
• Dividend distribution and withholding orientation
• Interest / intercompany funding alignment with FEMA and ECB rules
• Management fee structuring with TP support

Tax assessment & notice support

Where the Indian tax authorities issue a query, notice or assessment, we help you respond in a structured way — organising facts, coordinating documentation and working with appropriate professionals through the response, representation and, where needed, appeal stages. The objective is a clear, defensible position consistent with your filings.