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Guides for foreign companies setting up and running a subsidiary in India, country by country.

India entry guides for US, Australian, UK, Singapore, Japanese, German, Chinese, Hong Kong, Russian and Spanish companies

India Entry Guides by Country

Complete guide series for setting up and running an Indian subsidiary from your home country: incorporation, FEMA, tax treaties, payroll, compliance and exit, with a full FAQ for each country.

Start here · Guide for US companiesSet Up a Subsidiary in India from the USAHow US companies set up a subsidiary in India: structure, FDI rules, incorporation steps, RBI/FEMA filings, tax and compliance

Incorporation Process for an Indian Subsidiary, Step by Step

The eight steps to incorporate a wholly owned subsidiary in India from the USA, forms and typical 4 to 6 week timeline

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Subsidiary vs Branch vs Liaison Office vs LLP in India

Compare the four ways a US company can enter India: activities, approvals, tax and control

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Documents and Apostille for an India Subsidiary (US Parent)

Which documents a US parent must prepare, and how notarization and apostille work for US state and federal documents

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Resident Director Requirement for an Indian Company

Who qualifies as a Resident Director, options for US parents, and duties

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Funding an Indian Subsidiary: FEMA and Form FC-GPR

Equity, CCPS, ECB, the 60-day allotment rule, pricing, and RBI reporting through Form FC-GPR

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Share Valuation for Foreign Investment in India

Why shares issued to a US parent need a valuation, who can certify it, and the FEMA pricing floor

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Repatriating Profits from India to the US: Forms and Tax

Dividends, service fees, royalties, loans, Forms 145 and 146, Withholding Tax and DTAA relief

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EOR vs Subsidiary in India: Which Is Right for a US Company?

Speed, control, compliance, tax presence and when to convert from an Employer of Record to your own entity

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Transfer Pricing in India for US-Owned Subsidiaries

Arm's length pricing, documentation, Form 48, methods, safe harbour and audits

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India-US Tax Treaty and Permanent Establishment Risk

Withholding Tax rates, Tax Residency Certificate, Form 41 and permanent establishment risk

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US Reporting for an Indian Subsidiary: Form 5471, FBAR

Form 5471, FBAR, Form 8938 and other US-side reporting for a US parent

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India Subsidiary Compliance Calendar for US Companies

Monthly, quarterly, annual and event-based filings under company, tax, GST, FEMA and labour law

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Audit of a US Company's Indian Subsidiary and ICOFR

Statutory audit, tax audit, GST audit and internal controls over financial reporting

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Handling Indian Tax Notices for a US-Owned Subsidiary

First steps, appeal routes, DRP, ITAT, MAP and Advance Pricing Agreements

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Contracts and Arbitration in India for US Companies

Intercompany and customer contracts, governing law, arbitration clauses and enforcing awards in India

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ESOPs for Indian Employees of a US Parent Company

FEMA reporting, employee tax, valuation, cost recharge and transfer pricing for ESOPs

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Restructuring, Mergers and Exit for an Indian Subsidiary

Share sale, slump sale, merger, buyback, strike-off and liquidation, with tax and RBI steps

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Sending a US Executive to India: Visa, Housing and Tax

Employment visa, FRRO registration, housing, banking, tax residency and permanent establishment risk

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Global VAT for US Companies Selling Abroad

VAT registration, B2B and B2C rules and compliance for US companies selling into Europe, the UK and beyond

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Hiring in India: Contracts, Payroll and Statutory Compliance

Employment contracts, provident fund, ESI, gratuity, professional tax and India's labour codes

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10 Common Mistakes US Companies Make Setting Up in India

The most common and costly mistakes, and how to avoid each, with a pre-filing checklist

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216 FAQs: Setting Up an India Subsidiary from the USA

Plain answers on incorporation, FEMA, tax, hiring, compliance, repatriation, ESOPs, M&A and closing an Indian subsidiary

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Tax and Social Security Treaties for US Companies in India

The India-US tax treaty (DTAA) and social security for US expats: treaty rates, residency, EPF, FICA and the missing totalization agreement

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India-US DTAA: Tax Treaty Between the US and India Explained

How the India-US tax treaty works: who qualifies, which taxes it covers, how treaty and domestic law interact, residency, relief from double tax and disputes

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India-US DTAA Withholding Tax Rates for Payments to the US

Treaty rates for payments from India to the US: dividends 15% or 25%, interest 10% or 15%, royalties and fees 10% or 15%. Conditions and how to apply them

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Claiming India-US Treaty Benefits: Form 6166 and Form 41

Documents needed to claim India-US treaty rates: IRS Form 6166, Form 41 (previously Form 10F), no-PE declaration and beneficial ownership

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Tax Residency for US Expats in India: Treaty and Credits

Which country taxes a US expat in India: Indian residency tests, US worldwide tax, the treaty tie-breaker, foreign tax credit and exclusion

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US-India Totalization Agreement: Social Security for Expats

Is there a US-India social security agreement? What applies to a US expat in India: provident fund, US FICA, double coverage and planning

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EPF for International Workers in India: Rules for US Expats

How Indian provident fund applies to foreign nationals: international worker rules, no wage ceiling, withdrawal, court rulings and the 2026 EPF Scheme

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US Social Security (FICA) for Americans Working in India

When Social Security and Medicare tax apply to Americans working in India: US employer, Indian subsidiary, Section 3121(l) agreements and self-employment

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Treaty and Social Security FAQs for India-US Expats

50 plain answers on the India-US tax treaty, DTAA withholding rates, Form 6166 and 41, expat tax, EPF, FICA and the missing totalization agreement

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Choosing an Indian State and City for a US Company: Talent, Cost, Rules and Incentives

How to choose the state and city for the registered office and the team: a decision framework, a comparison table of major hubs by function, how state law changes stamp duty, professional tax and shops rules, what GIFT City offers, and the order of questions that matter most.

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Cost of Setting Up a Subsidiary in India from the US: Budget Framework and Fee Questions

A budgeting guide for US companies: what the one-time set-up costs, what the subsidiary costs every year to keep compliant, how to size the capital you invest, and a template and question list for comparing quotes. The AU Corporate set-up fee is stated; other lines are framed so you can build your own estimate.

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FCPA, Indian Anti-Bribery Law and US Export Controls for an Indian Subsidiary

The compliance rules that follow US law into India: how the Foreign Corrupt Practices Act reaches an Indian subsidiary and its agents, how Indian anti-corruption law applies, a practical programme, export control rules on technology shared with an Indian team, and sanctions screening.

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Global Capability Centre in India for US Companies: Models, Transfer Pricing and Setup

How a US company builds a captive engineering, finance or operations centre in India: the three delivery models, entity and tax choices, cost-plus transfer pricing and safe harbour questions, permanent establishment, intellectual property, state incentives and a 12-month roadmap.

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How Long It Takes to Set Up an Indian Subsidiary from the US: Timeline and Time Zones

A schedule for a US parent: US documents and apostille, Indian incorporation, bank onboarding across a 9.5 to 12.5 hour time difference, remittance and the 60-day and 30-day deadlines, plus what to do when a customer deadline forces speed.

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India's Labour Codes for US Employers: Wages, Notice, Termination and Working Hours

What a US company used to at-will employment needs to know about India's consolidated labour codes: the wage definition and its effect on provident fund and gratuity, fixed-term contracts, the 300-worker threshold for retrenchment permission, working hours, overtime, social security and a practical checklist.

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Who Owns the Work? IP Assignment, Copyright and Patent Filing Rules for Indian Teams of US Companies

A guide to making sure the US parent owns what the Indian team creates: employment and assignment contracts, the duration and territory defaults in Indian copyright law, patent inventorship and foreign filing permission under the Patents Act, trade secrets, non-competes, open source and transfer pricing for intellectual property.

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NRI and OCI Founders of US Companies: FEMA Status, Investment Routes and Tax Residency

How the status of the founder changes the plan: how FEMA treats NRIs, OCI cardholders and US citizens of Indian origin, the repatriable and non-repatriable investment routes, whether a US company owned by NRIs is treated differently, resident status for tax, the treaty tie-breaker, directorship and a founder checklist.

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US Manufacturers in India: PLI, Special Economic Zones, Customs Duty and Product Standards

What a US manufacturer should check before building or contracting a plant in India: how PLI and zone incentives work and what they require, customs and GST on machinery, product standards and quality control orders, land and power, labour rules, tax rate choices and a project checklist.

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US Privacy Law and India's DPDP Act: HIPAA, CCPA and Offshore Data Teams

How a US company handles personal data when an Indian subsidiary or vendor processes it: what US federal and state privacy laws require, HIPAA business associate agreements, customer security reviews, how the DPDP Act treats data of people outside India, employee data in both directions and a controls checklist.

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US SaaS and Digital Sales into India: GST on Online Services, Withholding and Treaty Issues

How a US software or digital business is taxed when it sells to India without a local entity: GST on online information and database access services, B2B reverse charge, income tax withholding and the royalty question, the abolition of the equalisation levy, significant economic presence and when to add a local company.

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US Tax on an Indian Subsidiary: NCTI (Formerly GILTI), Subpart F, Section 245A and Foreign Tax Credits

The US side of an Indian subsidiary for a US C corporation or pass-through owner: how profits are taxed when earned or when distributed, what changed after the July 2025 tax act, the role of Indian tax as a credit, check-the-box choices and the forms (5471, 926, 1118, 8992 and 8993).

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