Risks: mistakes

Common Mistakes German Companies Make in India and How to Avoid Them

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

Short answer

Most problems for German companies in India are procedural, not strategic: shares allotted late, a form missing when the dividend is paid, a document apostilled but not translated, a secondment that creates a permanent establishment, or an intercompany charge with no contract. The list below groups the common ones by area, with the fix for each.

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Key facts

FEMALate allotment (60 days) or late FC-GPR (30 days after allotment); missed FLA return
Treaty reliefNo residence certificate or Form 41 on file before the first dividend
DocumentsGerman documents not apostilled by the right authority, or no sworn translation
Transfer pricingNo intercompany agreements; Form 48 forgotten
EmployeesMisjudging gratuity, provident fund and the labour codes
PESeconded staff concluding contracts; long project presence
GermanyWorks council not consulted; function transfer ignored

Mistakes and fixes

AreaMistakeFix
SetupChoosing a branch to avoid a subsidiary without testing the eligibilityBranch needs net worth of USD 100,000 and a five-year profit record; a subsidiary is the usual route. See structure options
DocumentsUsing an apostille from the wrong office or skipping the sworn translationObtain the apostille from the competent Landgericht and a sworn translation. See documents and apostille
FEMAReceiving funds but allotting shares after 60 daysAllot within 60 days or refund; file FC-GPR within 30 days of allotment. See funding and FEMA
DirectorsNo resident directorAppoint a director who has stayed in India at least 182 days in the year
Tax treatyPaying dividends without a residence certificate and Form 41Collect documents before the first payment. See repatriating profits
Transfer pricingCharging management fees with no agreement or evidenceContract first; keep a benchmark file. See transfer pricing
StaffSending engineers on business visas to work on siteUse the right visa; plan certificate of coverage. See staff relocation
DataGiving Indian staff access to German systems without a transfer mechanismSign standard contractual clauses and run a transfer impact assessment. See data protection
Works councilAnnouncing an offshoring plan without consultationInvolve German labour counsel early
DisputesAssuming a German judgment can be enforced directly in IndiaChoose arbitration. See contracts and arbitration
Supply chainIgnoring due diligence duties passed on by German customersPrepare for supplier questionnaires. See supply chain duties
CalendarMissing AGM, AOC-4 or MGT-7Use the compliance calendar. See compliance calendar

Three habits that avoid most of these

  • Documents first: collect corporate and tax documents from Germany before any filing begins.
  • One owner per deadline: a named person for each filing in each country.
  • Two advisers who talk: an Indian adviser for local law and a German adviser for the parent's side, with a short monthly call.

Early warning signs

  • A bank asks for a form you have not heard of.
  • A German customer sends an Indian supplier questionnaire.
  • The Indian team starts negotiating contracts for the German company.
  • Payments to the German parent have no contract behind them.
  • Share certificates are issued but no filing has been made.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Federal Central Tax Office (BZSt), Handelsregister and the Deutsche Bundesbank.

Frequently asked questions

What is the most common mistake German companies make in India?

Missing FEMA timelines: allotting shares more than 60 days after receipt of funds or filing FC-GPR more than 30 days after allotment.

Do German documents need an apostille for India?

Public documents generally need an apostille from the competent German authority, usually the Landgericht for court and register documents, plus a sworn translation where the document is not in English.

What do I need before the first dividend is paid?

A German certificate of residence, Form 41, and any no-PE declaration the payer requires.

Can seconded engineers work on a business visa?

A business visa is for meetings and talks, not productive work. Choose the visa category that matches the real work.

Why do intercompany charges attract disputes?

Because there is no contract, no proof of service or no benchmark. Fix these before the first invoice.

Where do I start to avoid these mistakes?

With the structure and documents pages, then the compliance calendar and an adviser in each country.

See all 146 FAQs →Plain answers on incorporation, FEMA, tax, hiring and exit.

Sources

← Back to the complete guide

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

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