The document provides information on setting up a business in India for foreign companies. It outlines that India is an attractive investment destination due to its large market, skilled workforce, growing economy, and government initiatives. It then discusses the various business structures available, including wholly owned subsidiaries, branches, and limited liability partnerships. It notes that incorporating a wholly owned subsidiary company is a popular tax efficient option. The document also reviews corporate tax rates, the process for registering a private limited company, typical timelines, and required documents.
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Setting Up Business in India - A Guide to Company Registration & Taxation
1.
2. SETTING UP BUSINESS IN INDIA
First thing which comes to anybody’s mind is why set up business in India? Well, presently,
India is one of the fastest growing economies of the world.
Every year, more and more foreign companies are setting up business in India. Also, it is an
attractive foreign investment destination in the world due to following factors:
• Vast range of industries,
• Availability of skilled and unskilled manpower,
• Huge middle class consumer base,
• Second highest English speaking population,
• Ease of doing business and
• Government initiative for attracting foreign investment and adoption of best practices in
production of goods and services.
Let’s deep dive more and explore some more facts about India.
3. Facts about India
It is world’s largest democracy
It is highly populated, only next to China with 1.38 Billion People
It is second largest English speaking country in world.
It has huge market in terms of huge middle class consumer base of 500 million people
with good purchasing power
Fourth largest automobile industry in world and by 2026, it will be in no. 3 position
Second largest telecommunication market in world with subscriber base of 1.18 Billion
World’s largest offshoring destination for IT companies across the globe. Estimated
revenue from ITES AND BPO was USD 135 Billion
Total FDI in FY 2018-19 was approx. USD 45 Billion. Major countries are Japan,
Singapore and Mauritius.
World’s 5th Largest global destination in RETAIL space
Majority of the Fortune 500 companies have R&D centre and or assembly line in India
All the aforesaid factors have contributed to attracting foreign investment and leading to
more and more foreign company incorporation in India.
4. Options available for Foreign Companies/Foreign Citizens to set up business in India
Foreign companies have following options to set up business in India, namely
Wholly Owned Subsidiary Company
Joint Ventures
Limited Liability Partnerships
Branch/Liaison/Project Office
Out of above, Subsidiary Company Registration in India is most popular and tax
efficient option.
5. CORPORTAE TAX RATES ON ENTITY
PRIVATE LIMITED COMPANY/ WOS- Company is liable to tax on global income
at different tax rates like 15%, 22%, 25% and 30% depending upon case to case. Also,
Subject to MAT @ 15% of book profits.
LIMITED LIABILITY PARTNERSHIPS- LLPs are liable to tax on global income
@30%. Further, LLPs are liable for alternate minimum tax @18.5% on its book
profits.
BRANCH OFFICE and PROJECT OFFICE - Tax rate applicable on income earned
in India @ 40% plus surcharge and education cess
LIAISON OFFICE- Since they cannot do any business. No Taxes applicable
6. PROCEDURE FOR OPENING PRIVATE LIMITED COMPANY OR WOS IN INDIA
Minimum 2 Directors and 2 shareholders required.
Atleast 1 Director shall be Indian Resident.
Shareholders can be Company or Individual.
First of all Digital Signature of all Directors are prepared.
Second step is for applying name approval from Registrar of Companies [ROC].
Third step is drafting of Memorandum and Article of Association and Director
Identification number and other documents and applying for incorporation.
Finally, Certificate of Incorporation [ COI] is obtained.
Once COI is obtained, Bank account need to be opened.
Then share subscription money is brought in bank account.
Reserve Bank of India, Indian apex Bank for regulating foreign exchange need to be
intimated about receipt of FDI from foreign company/foreign citizen.
7. Time taken in entire process-
Approx. 3-4 weeks
Documents required
KYC Documents of Directors and shareholders- Passport, utility bills, Bank statements,
ID proofs
Indian address proof of business premises
Photos of Directors
Mobile and email ids of Directors
Certificate of registration of parent company
All documents of foreign director/ foreign shareholder need to be notarized and apostiled in
home country. Further, if documents are not in English, English translation also need to be
notarized and apostiled.
8. WANT TO SET UP BUSIENSS IN INDIA?
LET’S GET STARTED
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