Chinese side: parent duties

What a Chinese Parent Must Do at Home: Outbound Investment Filings, SAFE Registration and Tax Credit for Indian Tax

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 26 October 2026

Short answer

Before a Chinese company sends money to India it normally has to clear its own outbound investment process: an NDRC approval or filing, a MOFCOM approval or filing for the overseas enterprise, and foreign exchange registration through its bank under SAFE rules. New State Council regulations on overseas investment were reported to take effect on 1 July 2026 and sit above the older departmental rules. These Chinese steps, the Indian Press Note 3 approval and the Indian incorporation must be sequenced, because each depends on the others. Your Chinese counsel must confirm the current Chinese requirements for your company type.

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Key facts

Chinese approvalsNDRC project approval or filing; MOFCOM approval or filing for the overseas enterprise; SAFE registration through the bank
New regulationsState Council regulations on outbound investment reported effective 1 July 2026 (State Council Order 837); older NDRC, MOFCOM and SAFE rules continue to apply alongside
Sensitive vs non-sensitiveSensitive projects need approval; others generally a filing. Thresholds are set in the departmental rules; confirm them
State-owned groupsExtra supervision by the controlling shareholder or SASAC for central and local state enterprises
TechnologyTransfer of controlled technology or staff may need export-control authorisation; China has reportedly tightened some transfers to India
Annual reportingOverseas investment reporting through the MOFCOM system, and tax reporting of foreign income
TaxChinese enterprise income tax at 25% on worldwide income with credit for foreign tax; confirm with a Chinese adviser
SequencePlan Chinese approvals, the Indian Press Note 3 approval and the incorporation together

The Chinese approval steps in order

StepAuthorityTypical contentNotes
Project approval or filingNDRC or its local officeProject details, investor, amount, sector, use of fundsSensitive sectors or countries need approval; others a filing
Overseas enterprise approval or filingMOFCOM or its local officeOverseas enterprise, shareholding, business scopeGives the overseas investment certificate
Foreign exchange registrationSAFE through the bankRegistration of the overseas direct investmentNeeded before funds go out; later changes need updates
Funds transferBankPurchase of foreign exchange and remittance to IndiaThe Indian bank issues an inward remittance certificate
Changes and exitNDRC, MOFCOM, SAFEFurther investment, transfer, disposalFresh filing or approval may be needed
  1. Decide the sector and structure, and check the Indian cap and Press Note 3 position. See Press Note 3.
  2. Prepare the Chinese filing in parallel with the Indian government application, because both ask for the same ownership and project details.
  3. Do not incorporate the Indian company or remit funds until the Indian approval is in hand and the Chinese filings allow the transfer.
  4. Keep the Chinese certificate and the Indian approval consistent in the investor name, amount and shareholding.
  5. File the Indian incorporation and funding steps. See incorporation steps and funding and FEMA.

Technology, equipment and people

  • Chinese rules on export of controlled technology can apply when engineers, designs or machinery go to India. Press reports in 2025 described difficulties for some manufacturers moving equipment and Chinese engineers to India; treat the position as case-specific and ask Chinese counsel before committing a delivery schedule.
  • Intellectual property transferred to the Indian subsidiary should be licensed under a written agreement priced at arm's length. See transfer pricing.
  • Data and personal information leaving China is subject to a separate regime. See data protection.

Chinese tax on the investment (for your Chinese adviser)

  • Chinese resident enterprises are generally taxed on worldwide income at 25% with a credit for foreign tax paid, within limits.
  • Dividends from a foreign subsidiary are generally taxable in China, with direct credit for Indian Withholding Tax and, for qualifying holdings, indirect credit for the underlying Indian tax.
  • Controlled foreign company rules can attribute low-taxed foreign profits to the Chinese parent.
  • Transfer pricing documentation requirements apply in China for related-party dealings, and the Chinese file must match the Indian file.
  • Keep Indian Withholding Tax certificates and the Indian return to support the credit.

Governance and reporting

  • Board approval and, for state-owned groups, the approval of the controlling shareholder.
  • Anti-corruption and compliance policies must reach the Indian team; Indian anti-bribery law applies there.
  • Annual reporting of the overseas investment to MOFCOM and tax authorities.
  • Prepare for questions on beneficial ownership from Indian banks and regulators.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, MOFCOM (China), SAFE (China) and the Ministry of External Affairs (India).

Frequently asked questions

Does a Chinese company need approval in China to invest in India?

Generally yes. Outbound investment needs an NDRC approval or filing, a MOFCOM approval or filing and SAFE foreign exchange registration through the bank, depending on the project. Confirm the current rules with Chinese counsel.

What are the new Chinese outbound investment regulations?

State Council regulations (Order 837) on overseas investment were reported to take effect on 1 July 2026. They sit above the existing departmental rules, which continue to apply.

Which approval comes first, the Chinese or the Indian?

Prepare both in parallel, but do not remit funds or incorporate until the Indian Press Note 3 approval is received and the Chinese filings allow the transfer.

Can I send technology or engineers to India freely?

Not always. Controlled technology and some equipment transfers may need authorisation in China, and some manufacturers have reported difficulties. Check before planning delivery.

How is the Indian subsidiary's dividend taxed in China?

Generally taxable, with credit for Indian Withholding Tax and, for qualifying holdings, indirect credit for underlying Indian tax. Your Chinese adviser must confirm the position.

Do state-owned enterprises face extra steps?

Usually yes. The controlling shareholder or SASAC may need to approve overseas investments.

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Sources

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Last updated 26 October 2026. General information only, not legal or tax advice. Indian and Chinese rules change often; confirm current requirements before acting.

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