Foreign Subsidiary in INDIA / GCC

Foreign Subsidiary in INDIA / GCC

SMACAS is your single-point partner for entering India and GCC markets -from entity structuring, FEMA/RBI approvals and statutory incorporation, to transfer pricing, accounting, payroll and end-to-end audit compliance. Foreign companies trust us to handle every regulatory layer so they can focus on building their business.

Entity Options for India Entry

• ✓Wholly Owned Subsidiary (WOS) -100% foreign ownership, most popular route under Companies Act 2013
• ✓Joint Venture (JV) -shared ownership with an Indian partner, suited for regulated sectors
• ✓Branch Office (BO) -extension of the parent entity, requires prior RBI / FEMA approval
• ✓Liaison / Representative Office (LO) -market exploration only, no commercial activity permitted
• ✓Project Office (PO) -set up for execution of a specific Indian contract
• ✓LLP with FDI -flexible hybrid structure under the LLP Act with FEMA compliance

India Incorporation & Regulatory Approvals

• ✓MCA name reservation and SPICe+ filing -typical timeline 15–30 working days
• ✓FDI compliance under FEMA 20(R) and DPIIT Press Notes
• ✓RBI / DPIIT sector-specific approvals for restricted or approval-route industries
• ✓PAN, TAN, GST and Import Export Code (IEC) registration
• ✓Drafting MOA, AOA and shareholders' / investment agreements
• ✓Appointment of resident directors and company secretary

India Entry for GCC-Based Businesses

• ✓Sector eligibility check -we identify upfront which sectors allow full foreign ownership and which need prior government approval, so you enter India through the right route without delays
• ✓Foreign investment registration -all government filings, share valuation and bank compliance when your investment comes into India, handled correctly so profits can be freely repatriated later
• ✓Tax treaty advisory -use your home country's tax treaty with India to reduce withholding on dividends, royalties and management fees paid back to the GCC entity; we obtain the required certificates and handle all filings at source
• ✓Intercompany pricing -fees and charges between your GCC parent and Indian entity must be at arm's length under Indian tax law; we structure and document these to hold up under scrutiny
• ✓Profit repatriation -dividends, royalties and service fees sent back to the GCC handled with the required CA certificates and RBI compliance; no lock-in on your investment after allotment
• ✓Single point of contact -one CA firm managing incorporation, tax, transfer pricing, accounting, payroll and annual filings for your India operations, with regular reporting packs for the GCC parent

Transfer Pricing & Cross-Border Tax

• ✓Transfer pricing study, master file and local file documentation (Form 3CEB)
• ✓Arm's-length benchmarking using TNMM, CUP and CUT methods
• ✓DTAA analysis -applicable tax treaty review for the investor's home country; withholding tax optimisation on dividends, royalties and fees for technical services
• ✓Advance Pricing Agreements (APAs) and Safe Harbour filing
• ✓Withholding tax (TDS) advisory on royalties and fees for technical services

End-to-End Managed Compliance

• ✓Accounting & bookkeeping -GAAP-to-Ind AS reconciliation, monthly MIS packs for parent reporting
• ✓HR & Payroll -CTC structuring, PF, ESI, PT, TDS, Form 16 and payslip generation
• ✓Remittances & FEMA -ECB filings, ODI/FDI reporting, royalty remittance approvals, repatriation certificates
• ✓Statutory liability calendar -advance tax, TDS, GST, PF/ESI payments and filings on time
• ✓Annual statutory audit, tax audit (Form 3CD) and FEMA audit
• ✓ROC annual filings -MGT-7A, AOC-4, FC-1, FC-3, FC-4; XBRL financials and CARO reporting
• ✓FLA return to RBI (by 15 July each year), Secretarial audit and Director KYC