Risk: common mistakes

Twelve Common Mistakes Russian 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 Russian companies entering India come from the same places: assuming the FDI rule is the only gate when banking and sanctions are the real one, remitting money before the Russian clearance or a bank route is agreed, missing FEMA deadlines, claiming the 10% treaty rate without paperwork, paying the wrong provident fund and 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 Russia

Key facts

BankingStarting incorporation without a bank and payment route
SanctionsNo screening of owners, counterparties and goods
Russian sideRemitting before Bank of Russia clearance or threshold check
FEMALate allotment or FC-GPR; wrong pricing
TreatyNo Form 41 or residency certificate before payment
PeopleWrong visa; double provident fund cost not budgeted
DocumentsUntranslated, uncertified or inconsistent documents
ContractsUnstamped agreements; vague arbitration clause

Twelve mistakes and fixes

MistakeWhy it hurtsFix
1. Treating the FDI rule as the only gateThe account or payment fails even though the investment is lawfulPlan banking and sanctions first. See sanctions and payments.
2. Assuming Press Note 3 applies, or ignoring a land-border ownerWrong route or missed approvalCheck the ownership chain. See FDI rules.
3. Remitting before Russian clearanceBreach of Russian rules and a stuck transactionConfirm the threshold and approval. See Russian parent obligations.
4. Using a bank the Indian bank will not acceptReturned or frozen fundsPre-clear the route with the Indian bank
5. Missing the 60-day allotment or 30-day FC-GPRCompounding and penaltiesCalendar the dates from the day money lands. See funding and FEMA.
6. Pricing shares below fair value on issueFEMA breachGet a valuation certificate
7. Paying without Form 41Domestic withholding rates apply and refunds are slowCollect the residency certificate and declaration. See the DTAA guide.
8. Unsupported management feesTax disallowance and penaltiesContract, evidence of service and benchmarking. See transfer pricing.
9. Wrong visa category or ignoring provident fund for secondeesFines and back contributionsUse an employment visa and budget for EPF. See relocating staff.
10. Inconsistent 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 sector, ownership, banking, sanctions, Russian clearance, documents and calendar.
  2. Keep one folder for approvals, filings, bank correspondence, screening and treaty documents.
  3. Review the structure once a year as Indian, Russian and sanctions 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, Federal Tax Service (Russia), Bank of Russia and the Ministry of External Affairs (India).

Frequently asked questions

What is the biggest mistake Russian companies make in India?

Treating the Indian FDI rules as the only gate. Banking access and sanctions exposure decide whether the investment works in practice.

Does Press Note 3 apply to Russian investors?

Not by nationality, because Russia does not share a land border with India, but a land-border beneficial owner can bring it into play.

What happens if FC-GPR is late?

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

Can I claim the 10% 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 Russian contributions?

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 and screening?

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

See all 157 FAQs →Plain answers on incorporation, FEMA, tax, hiring and exit.

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Read the guide →

Sources

← Back to the complete guide

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

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