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

GCC Business Setup (UAE · Saudi Arabia · Qatar)

• ✓UAE Free Zone incorporation — DAFZA, JAFZA, ADGM, DIFC, RAKEZ; 0% tax on qualifying income
• ✓UAE Mainland (DED licence) — 100% foreign ownership permitted post-2021 reforms
• ✓Saudi Arabia — MISA (Ministry of Investment) licence and Commercial Registration (RC)
• ✓Qatar — Qatar Financial Centre (QFC) and mainland incorporation
• ✓VAT registration and compliance in UAE / KSA / Qatar
• ✓UAE Corporate Tax registration (effective June 2023) and Pillar Two readiness

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 — India–UAE, India–KSA, India–Qatar, India–Singapore
• ✓Advance Pricing Agreements (APAs) and Safe Harbour filing
• ✓Withholding tax (TDS) advisory on royalties and fees for technical services
• ✓BEPS compliance and Country-by-Country Reporting (CbCR / Form 3CEAD)

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