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Case Study

Case Study – 1 Company A Co. is a sourcing entity, for an Indian multinational group, incorporated in country X and is 100% subsidiary of Indian company (B Co.). The warehouses and stock in them are the only assets of the company and are located in country X. All the employees of the company are …

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Subdued Matters

Foreign company is completely owned by an Indian company ? Permanent Establishment of a foreign entity in India? One or some of the Directors of a foreign company reside in India? Local management being situated in India in respect of activities carried out by a foreign company in India? The existence in India of support…

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Documentation Checklist – Inclusive

Place of business Documents of FCO’s place of business Licenses/trademark of business operations of FCO List of functions perform in FCO with supportive evidence Key Management Number of Key Management residing outside India Travel date from passports – in/outside India Visit of Foreign management to India and purpose of visit Records of key management meetings…

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Consequences

CONSEQUENCES Filing of FCO’s regular income-tax returns in India. Global incomes will be taxable in India. FCO’s have to pay advance tax and self-assessment tax as applicable. FCO’s will have to maintain regular books of accounts, vouchers and documents like any other Indian resident companies. FCO’s have to obtain TAN and comply with TDS requirements. Companies will have to get their accounts audited.…

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Determination of Poem

DETERMINATION OF POEM Board Meetings: The location where a company’s Board regularly meets and makes decisions may be the company’s Place of Effective Management (POEM)provided, the Board- (i) retains and exercises its authority to govern the company; and (ii) does, in substance, make the key management and commercial decisions necessary for the conduct of the …

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