Incorporation of a Subsidiary Company By a US Company

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Dear Experts !

 

A Company in U.S providing Web Portal Services to its customers World wide wants to setup a Captive Dedicated Software Development Centre in India.in this case  What should be the ideal status of the legal entity in India suhc as

Private Limited , Project Office , Branch Office

Please do let me know from a perspective of Tax Planning & Overall liability

these office will solely work for U.S Company and will bill for Cost+Expenses , there is no immidiate intention to accrue profit in India Operations.

Replies (2)

From your post it is evident that yours US based company is interested in setting up an operation to take up IT/ITes related activities therfore all i can suggest you to incorprorate a Private Limited (wholly Owned Subsidiary)Company here in India with all requisite permission from the different Governmental Authority/s.

Thanks & Regards,

Upto my understanding; u should go with the Pvt. Ltd. Company that is broad in scope and permanent in nature. You can not go with the Project Office because:-

 

Foreign Companies planning to execute specific projects in India can set up temporary project/site offices in India.

RBI has now granted general permission to foreign entities to establish Project Offices subject to specified conditions.

 Such offices cannot undertake or carry on any activity other than the activity relating and incidental to execution of the project.

 

You can go with Branch Office but the scope of work is restrictive in nature and sometime yoiu may face some restriction because :-

 

Activities permitted:

  • Export/Import of goods
  • Rendering professional or consultancy services
  • Carrying out research work, in which the parent company is engaged.
  • Promoting technical or financial collaborations between Indian companies and parent or overseas group company.
  • Representing the parent company in India and acting as buying/selling agents in India.
  • Rendering services in Information Technology and development of  software in India.
  • Rendering technical support to the products supplied by the parent/ group companies.
  • Foreign airline/shipping company.

A branch office is not allowed to carry out manufacturing activities on its own but is permitted to subcontract these to an Indian manufacturer.

It may remit outside India profit of the branch, net of applicable Indian taxes

 

Being Private limited company you can perform all the activities in India freely. As far as the taxation point of view is concerned all are treated as Permanent establishment and taxed.

 

Others views solicited.

 

Regards,


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