Risk: common mistakes

Twelve Common Mistakes Hong Kong 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 Hong Kong companies entering India come from the same places: assuming a Hong Kong parent can use the Automatic Route, building a Hong Kong layer with no substance, missing FEMA deadlines, claiming the 5% dividend rate without paperwork, paying the wrong provident fund or tax on secondees, and relying on a contract that was never stamped. Each is avoidable with an early checklist and one person who owns the Indian calendar.

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

Key facts

ApprovalAssuming the Automatic Route; Hong Kong entities are reported to need approval
SubstanceA shell Hong Kong company invites treaty denial and transfer pricing adjustments
FEMALate allotment or FC-GPR; wrong pricing
TreatyNo Form 41 or residency certificate before payment
PeopleWrong visa; EPF and MPF double cost not budgeted
DocumentsUnauthenticated or stale documents
ContractsUnstamped agreements; vague arbitration clause
CalendarNo owner for Indian deadlines

Twelve mistakes and fixes

MistakeWhy it hurtsFix
1. Assuming a Hong Kong parent can use the Automatic RouteInvestment without approval is a FEMA contraventionObtain written Indian advice; plan the Press Note 3 route. See Press Note 3.
2. Funding before approvalMoney in the bank cannot be used lawfullySequence approval, incorporation, then remittance
3. Building a thin Hong Kong hubTreaty denial and transfer pricing disallowanceReal people and decisions in Hong Kong. See the hub guide.
4. Missing the 60-day allotment or 30-day FC-GPRCompounding and penaltiesCalendar the dates from the day money lands. See funding and FEMA.
5. Pricing shares below fair value on issueFEMA breachGet a valuation certificate
6. Paying without Form 41Domestic withholding rates apply and refunds are slowCollect the residency certificate and declaration. See the DTAA guide.
7. Unsupported management feesTax disallowance and penaltiesContract, evidence of service and benchmarking. See transfer pricing.
8. Wrong visa categoryDeportation risk and finesUse an employment visa for work. See relocating staff.
9. Ignoring provident fund for secondeesBack contributions and interestBudget for EPF and MPF. See employees guide.
10. Stale or unauthenticated documentsRegistrar and bank rejectionsFollow the checklist. See documents.
11. Unstamped contracts and loose arbitration clausesInadmissible evidence; slow enforcementStamp in time; name the rules and seat. See contracts and arbitration.
12. No owner for the Indian calendarLate filings and penaltiesName an owner and a deputy. See compliance calendar.

How to avoid them

  1. Run a one-page pre-entry checklist covering approval, structure, funding, documents, people and calendar.
  2. Keep one folder for approvals, filings and treaty documents.
  3. Review the structure once a year as Indian and Hong Kong rules change.
  4. Use local advisers for each country and make them talk to each other.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Inland Revenue Department (Hong Kong), Companies Registry (Hong Kong) and the Ministry of External Affairs (India).

Frequently asked questions

What is the biggest mistake Hong Kong companies make in India?

Assuming they can use the Automatic Route. Hong Kong-registered investors are reported to need prior approval under Press Note 3.

Why is a shell Hong Kong company risky?

The principal purpose test, India's anti-avoidance rule and transfer pricing can deny treaty benefits and adjust profits.

What happens if FC-GPR is late?

The company must regularise by compounding and may pay a penalty.

Can I claim the 5% dividend rate without paperwork?

No. The payer needs Form 41, the residency certificate and a beneficial ownership declaration.

Does a secondee pay both EPF and MPF?

Possibly, because there is no social security agreement. Budget for both and take advice.

Why do contracts need stamping?

Unstamped documents are not admissible in evidence in India until stamped and penalty paid.

How do I stay on top of deadlines?

Use a compliance calendar with owners, and review it each quarter.

See all 157 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 Hong Kong rules change often; confirm current requirements before acting.

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