Cross Border Business Structuring
Advice on bringing foreign investment into India and on taking Indian businesses abroad, within FEMA, the FDI policy and the tax framework.
What this covers
Foreign investment in India, and Indian investment abroad, is regulated by the Foreign Exchange Management Act, 1999, the Reserve Bank of India and, for inbound investment, the FDI policy. Which route applies, what share a foreign investor may hold, and what must be reported depends on the sector and the structure.
We help you choose a structure that fits those rules and your commercial plan, set it up, and keep the reporting in order. Where tax is involved, we work alongside your chartered accountant.
Choosing a route
This is only a starting point. The right route depends on your sector, funding and tax position, so please talk to us before deciding.
How it works
We look at your sector, the investment amount and your goals, and identify which route applies.
We recommend a structure and coordinate with your CA on tax and treaty points.
We handle incorporation or registration and any approval that is needed.
We guide the remittance through banking channels and prepare the RBI filings.
We help with annual returns, ROC filings and related-party documentation.
Requirements vary by route. A foreign investor typically provides:
Regular obligations to plan for include:
Questions we are often asked
In many sectors, yes, under the automatic route. Some sectors have a cap or need government approval, and a few are closed to foreign investment. We check your sector first.
Under the automatic route, no prior approval is needed, but the investment must still be reported to the RBI through the authorised dealer bank. Under the government route, approval is needed from the concerned authority first.
A liaison office only represents the foreign company and cannot earn income. A branch office can carry on specified activities. A subsidiary is a separate Indian company with its own liability.
Yes, under the Overseas Investment Rules, 2022, within the limits and conditions they set, and with reporting through the bank.
A double tax avoidance agreement can reduce or avoid tax on the same income in two countries. We coordinate with your chartered accountant on how it applies to your structure.
Generally yes, through authorised banking channels after the applicable taxes are paid, subject to the conditions under FEMA. We help you plan this from the start.
Speak to an advocate about the structure and approvals that fit your plan. Your first conversation is private.
Related services
This page is for general information and is not legal or tax advice, or an advertisement or solicitation. Foreign exchange rules, sector limits and procedures change often, so please take advice on your own facts before acting.
Cross Border Business Structuring
Advice on bringing foreign investment into India and on taking Indian businesses abroad, within FEMA, the FDI policy and the tax framework.
What this covers
Foreign investment in India, and Indian investment abroad, is regulated by the Foreign Exchange Management Act, 1999, the Reserve Bank of India and, for inbound investment, the FDI policy. Which route applies, what share a foreign investor may hold, and what must be reported depends on the sector and the structure.
We help you choose a structure that fits those rules and your commercial plan, set it up, and keep the reporting in order. Where tax is involved, we work alongside your chartered accountant.
Choosing a route
This is only a starting point. The right route depends on your sector, funding and tax position, so please talk to us before deciding.
How it works
We look at your sector, the investment amount and your goals, and identify which route applies.
We recommend a structure and coordinate with your CA on tax and treaty points.
We handle incorporation or registration and any approval that is needed.
We guide the remittance through banking channels and prepare the RBI filings.
We help with annual returns, ROC filings and related-party documentation.
Requirements vary by route. A foreign investor typically provides:
Regular obligations to plan for include:
Questions we are often asked
In many sectors, yes, under the automatic route. Some sectors have a cap or need government approval, and a few are closed to foreign investment. We check your sector first.
Under the automatic route, no prior approval is needed, but the investment must still be reported to the RBI through the authorised dealer bank. Under the government route, approval is needed from the concerned authority first.
A liaison office only represents the foreign company and cannot earn income. A branch office can carry on specified activities. A subsidiary is a separate Indian company with its own liability.
Yes, under the Overseas Investment Rules, 2022, within the limits and conditions they set, and with reporting through the bank.
A double tax avoidance agreement can reduce or avoid tax on the same income in two countries. We coordinate with your chartered accountant on how it applies to your structure.
Generally yes, through authorised banking channels after the applicable taxes are paid, subject to the conditions under FEMA. We help you plan this from the start.
Speak to an advocate about the structure and approvals that fit your plan. Your first conversation is private.
Related services
This page is for general information and is not legal or tax advice, or an advertisement or solicitation. Foreign exchange rules, sector limits and procedures change often, so please take advice on your own facts before acting.