People: relocation

Relocating German Staff to India: Employment Visa, Indian Tax, Certificate of Coverage and PE Risk

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

Short answer

Sending a German employee to India triggers four separate questions: immigration (employment visa and registration), personal income tax (the 183-day test and who pays), social security (stay in the German system under the agreement or join the Indian provident fund) and corporate tax (whether the secondment creates a permanent establishment). Settle all four before the person travels. A German employee who works on the Indian company's payroll and under its control is normally an employee of the Indian entity for Indian tax.

← Back to the complete guide: How to Set Up a Subsidiary in India from Germany

Key facts

VisaEmployment visa with a minimum salary floor of USD 25,000 a year, for skilled roles, with exceptions
RegistrationFRRO registration within 14 days of arrival for stays over 180 days
Income taxResidence test and the treaty's 183-day rule for short stays; Indian salary tax is withheld under Section 392
Social securitySocial Security Agreement of 2008: certificate of coverage from the German side keeps the employee in German schemes for up to 48 months, with a 12-month extension
ContractSecondment letter or local contract; who is the employer, who pays, who directs the work
PE riskDependent agents and long secondments can create a PE; see the DTAA guide
ExitReturn planning: German tax, social insurance and residence status

Three ways to send staff

OptionEmployer in IndiaProsCons
Business tripNone (stays German employee)Simple for short visitsVisa category matters; the treaty 183-day test and PE watch
Secondment to the Indian subsidiarySubsidiary directs the work; German parent may still pay salary and rechargeKeeps the German contract; transfers know-howSalary may still be taxable in India; recharge and Withholding Tax issues
Local contract in IndiaIndian subsidiary employs the personClean for Indian tax and labour lawGerman employment and social insurance status must be handled on exit and return

Visa and registration

  • An employment visa generally requires a skilled role, a signed contract and a salary above a floor of USD 25,000 a year; the floor does not apply to every category.
  • Register with the Foreigners Regional Registration Office within 14 days of arrival if the visa is for more than 180 days.
  • Family members need dependent visas.
  • Short business visits on a business visa are for meetings and talks, not for productive work in India. If your engineers will commission or maintain equipment on site, check the right visa category.

Income tax for the employee

  • Under the treaty, salary of a German resident working in India for up to 183 days in the fiscal year is taxable only in Germany if the employer is not in India and does not bear the cost. A secondment to the Indian subsidiary, where the subsidiary bears the cost, usually fails that test.
  • Where the person is employed by or seconded to the Indian company, the employer must deduct tax on salary under Section 392 of the Income-tax Act, 2025, and deposit it by the 7th of the following month.
  • A person who stays long enough becomes resident in India and is taxed on world income, subject to the rules for residents who are not ordinarily resident. A tax adviser should model the case before travel.
  • Germany taxes residents on world income; moving residence out of Germany and the German tax consequences should be reviewed with a German adviser.
  • Tax equalisation or hypothetical tax policies need to be priced into the assignment budget.

Social security

India and Germany have a Social Security Agreement, in force since 1 October 2009. A detached employee who stays in the German system can obtain a certificate of coverage from the German implementing body (the DVKA), which the Indian employer gives to the EPFO to be exempted from provident fund contributions. Coverage is for up to 48 months, with a 12-month extension possible. See German employees and the Social Security Agreement for the full process.

Permanent establishment checks

  • Staff who conclude contracts for the German company in India can create a dependent agent PE.
  • A fixed place, such as an office or a site used by German staff, can create a fixed-place PE.
  • The India-Germany treaty contains a construction and installation clause at six months. Check the current text for services clauses before assuming any exposure either way. See the India-Germany DTAA.
  • Keep a record of the days, tasks and decision-makers for each seconded person.

Pre-departure checklist

  1. Decide the model and write the secondment or local contract.
  2. Apply for the visa category that matches the real work.
  3. Request the certificate of coverage from the German side before departure, if staying in the German system.
  4. Register with the tax and payroll systems and decide how salary and recharges flow.
  5. Brief the person on registration (FRRO), banking and tax filing.
  6. Plan the return: German registration, insurance and tax.

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 visa does a German employee need to work in India?

An employment visa for a skilled role with a contract and a salary floor of USD 25,000 a year, with exceptions. A business visa is for meetings, not for productive work.

Is FRRO registration needed?

Yes, within 14 days of arrival for stays of more than 180 days.

Is a German employee in India taxed in India?

Possibly. The treaty's 183-day rule can leave salary taxable only in Germany for short stays, but a secondment to the Indian subsidiary at its cost usually fails that test and the employer must withhold under Section 392.

Can a seconded German employee stay in the German social insurance system?

Yes, under the Social Security Agreement with a certificate of coverage, normally for up to 48 months plus a 12-month extension.

Does a secondment create a permanent establishment?

It can, for example if the person concludes contracts for the German company or works from a fixed place at its disposal. Review each assignment.

Is a local Indian contract better than a secondment?

It is cleaner for Indian tax and labour law but changes the person's German status, so plan the return as well.

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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