Tax Compliance Guide

Tax Implicationsfor Foreign Companies in India

Complete guide to tax implications for foreign companies in India. Learn about corporate tax rates, GST, TDS, transfer pricing, DTAA benefits, and tax compliance requirements for foreign subsidiaries and branch offices.

25-30%
Corporate Tax
GST
Compliance
DTAA
Benefits

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Types of Taxes for Foreign Companies

Corporate Income Tax

25-30%

Foreign subsidiaries taxed as Indian companies. Branch offices taxed at 40% plus surcharge.

Goods and Services Tax (GST)

18% (Standard)

GST registration required if turnover exceeds ₹20 lakhs. Monthly/quarterly returns mandatory.

Tax Deducted at Source (TDS)

Varies

TDS on salaries, professional fees, rent, interest. Rates vary from 1% to 30% depending on payment type.

Transfer Pricing

Arm's Length

Transactions with related parties must be at arm's length price. Documentation and reporting required.

Withholding Tax

10-20%

Tax on payments to non-residents. DTAA benefits may apply to reduce rates.

Advance Tax

Quarterly

Advance tax payable in 4 installments if estimated tax exceeds ₹10,000.

Frequently Asked Questions

What are the corporate tax rates for foreign companies in India?

Foreign subsidiaries are taxed as Indian companies: 25% for companies with turnover up to ₹400 crores, 30% for others. Branch offices are taxed at 40% plus surcharge and cess. Liaison offices have minimal tax as they cannot earn income.

Do foreign companies need to pay GST in India?

Yes, foreign companies operating in India must register for GST if their turnover exceeds ₹20 lakhs (₹10 lakhs for special states). They must file monthly/quarterly GST returns and comply with GST regulations.

What is TDS for foreign companies?

Tax Deducted at Source (TDS) applies to payments made by foreign companies to residents. Foreign companies must deduct TDS on salaries, professional fees, rent, interest, and other payments as per Indian tax laws.

What is transfer pricing for foreign companies?

Transfer pricing rules apply when foreign companies transact with related parties. Transactions must be at arm's length price. Companies with transactions above threshold must maintain transfer pricing documentation and file reports.

What is DTAA and how does it benefit foreign companies?

Double Taxation Avoidance Agreement (DTAA) prevents double taxation between India and other countries. Foreign companies can claim tax credits or exemptions under DTAA. India has DTAA with over 90 countries.

What are the tax implications for branch offices?

Branch offices are taxed at 40% plus surcharge and cess on their Indian income. They are also subject to GST, TDS, and other Indian tax laws. Branch offices can remit profits after payment of taxes.

Do foreign companies need to file tax returns in India?

Yes, foreign companies operating in India must file corporate income tax returns annually. They must also file GST returns, TDS returns, and other statutory returns as applicable.

What are advance tax requirements for foreign companies?

Foreign companies must pay advance tax in installments if estimated tax liability exceeds ₹10,000. Advance tax is payable in 4 installments: 15% by June 15, 45% by September 15, 75% by December 15, and 100% by March 15.

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