India entry · Choosing the structure

Setting up a business in India — start with the right structure.

Not every foreign company should incorporate. A liaison office cannot earn income. A branch can trade but is taxed at the higher foreign-company rate. A subsidiary is taxed as a domestic company. Choosing wrong is costly to reverse, so the decision comes before the paperwork.

🧾 CA-reviewed · fee quoted upfront
✓Wholly-owned subsidiary — trades, hires and invoices; taxed as a domestic Indian company
✓Branch office — may earn income, but is generally taxed at the higher rate applicable to foreign companies
✓Liaison office — representation only, cannot earn Indian income, funded entirely by inward remittance
✓Project office — set up for a specific contract, for its duration
✓LLP — possible for foreign investors in sectors on the automatic route, with its own restrictions
✓Branch, liaison and project offices are set up under FEMA through an AD Category-I bank, and can require RBI approval
Which structure fits your plan for India?
Tell us what you intend to do in India — sell, service, represent, or deliver one contract — and we will set out the options with the tax consequences of each.
💬 Free consult first·CA-reviewed·No payment to start

What we handle for you

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The tax difference, quantified

A branch and a subsidiary are taxed very differently on the same profit. We put numbers to it before you decide.

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Approvals and eligibility

Branch and liaison routes carry profit-track-record and net-worth tests, and go through your AD Category-I bank. We check eligibility before you apply.

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Permanent establishment risk

You can become taxable in India without registering anything — a dependent agent or staff working from India can be enough. Assessed at the outset, not after a notice.

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What it costs to run

Every route carries ongoing filings. We show the annual compliance load of each before you pick one.

Who this is for

🛒 Selling into India

Goods or services to Indian customers, with or without people on the ground.

👥 Hiring in India

Engineering, support or back-office teams employed locally.

🔭 Testing the market

Presence without trading yet — where a liaison office often fits.

Transparent, quoted upfront

Every case is different, so we review yours first and give you a clear price before any work or payment — no charge for the review, no obligation.

Share your details → a CA reviews → you get a fixed quote on WhatsApp.

No hidden charges. You decide after you see the price.

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Common questions

What is the difference between a subsidiary and a branch office in India?

A subsidiary is an Indian company owned by the foreign parent and taxed as a domestic company. A branch office is an extension of the foreign company and is generally taxed at the higher rate that applies to foreign companies. The subsidiary is also simpler to operate for most trading businesses.

Which India entry routes are allowed to earn income here?

A subsidiary and an LLP can trade freely. A branch office may earn income, but only from the activities the RBI has permitted it. A project office earns only from the project it was approved for. A liaison office cannot earn Indian income at all — it may represent the parent, promote business and act as a communication channel, and is funded entirely by inward remittance.

Do I need RBI approval to set up a business in India?

For most subsidiaries under the automatic route, no prior approval is needed — only reporting afterwards. Liaison, branch and project offices go through an AD Category-I bank and may require RBI approval depending on the activity and the applicant.

Can a foreign company set up an LLP in India?

Foreign investment in an LLP is permitted in sectors where 100% FDI is allowed under the automatic route and no performance conditions apply. It suits some professional and service models but is not always the right fit.

How long does each India entry route take to set up?

A subsidiary is typically three to five weeks. A liaison or branch office is usually longer — often eight to fourteen weeks — because it depends on the AD Bank and, where required, the RBI.

Do we need an audit even if the Indian company has no revenue?

Yes. Every Indian company is audited every year by a statutory auditor regardless of turnover — a company with no revenue, no employees and no bank activity is still audited, and the accounts are still filed with the Registrar. There is no small-company or dormant exemption from audit as such. Groups that incorporate early and trade later are regularly surprised by this, and it is one of the reasons not to incorporate before you need to.

How do we close an Indian company, and is strike-off faster than winding up?

Strike-off is much faster where you qualify. A company that never commenced business within a year of incorporation, or has not carried on business for the two preceding financial years, can apply to the Registrar to be struck off, provided it has no liabilities, its filings are up to date and its bank account is closed. Anything else goes through voluntary liquidation under the insolvency code with an appointed liquidator, which realistically takes the better part of a year. Either route requires the filings to be current first, so the cost of closing is largely the cost of catching up.

Can we take the remaining cash out when we close the Indian company?

Yes, once the liabilities are settled and the tax is paid. On a strike-off the bank account has to be closed before the application, so the cash must be dealt with first — which in practice means settling everything and distributing the balance. On a liquidation the liquidator realises the assets, pays creditors in order and distributes the surplus to shareholders, and the foreign shareholder's share is remittable with the usual Form 15CA and accountant's certificate. The mistake to avoid is leaving the money in the account and hoping to deal with it later: once the company is struck off, releasing funds from a dormant account is a slow and disproportionately painful exercise.

What happens to unpaid taxes if we close the company?

Closing does not extinguish them. A strike-off application requires a declaration that the company has no liabilities, and the directors indemnify against any that emerge — so a company with pending assessments or unpaid dues is not a candidate for it, and the Registrar can have a struck-off company restored where dues surface. In a liquidation, statutory dues rank in the statutory order and the liquidator must provide for them. Separately, directors can be personally liable for tax deducted at source and provident fund that was withheld from others and never remitted, and that liability is not affected by the company ceasing to exist. Clean the position up first; it is cheaper than being pursued for it later.

What happens if we simply stop filing and abandon the Indian company?

It is the worst of the options. The company does not quietly disappear — penalties accrue daily, the Registrar eventually strikes it off on its own initiative, and after three consecutive years of unfiled accounts or annual returns every director is disqualified for five years. That disqualification attaches to the person, not the company, so it follows them onto the board of any other company, in India or as a director elsewhere with an Indian directorship. Closing properly is cheaper than the clean-up.

Will our profits be taxed twice, in India and in our home country?

Usually not in full. India taxes income arising in India, and has tax treaties with around ninety countries that decide which country taxes what and cap the rate on dividends, interest, royalties and fees for technical services. Where both countries tax the same income, the home country normally gives credit for the Indian tax. To claim the treaty rate in India the foreign recipient needs a tax residency certificate from its own authorities and Form 10F. The mechanics differ treaty by treaty, so the position is worth settling before profits move rather than after.

What has to be deducted from Indian salaries once we start hiring?

Tax at source on salary every month, with a quarterly return in Form 24Q and a Form 16 to each employee after the year end. Provident fund applies once there are twenty or more employees, employees' state insurance from ten or more where wages are within the prescribed limit, and professional tax in the states that levy it. Gratuity becomes payable to staff who complete five years where there are ten or more employees. We run payroll and the filings that go with it for Indian subsidiaries.

What ongoing compliance follows once the India entity is running?

A subsidiary files ROC returns, an income tax return, TDS returns, GST returns where registered, and the annual FLA return to the RBI, and is audited every year regardless of size. A liaison or branch office files an Annual Activity Certificate from a chartered accountant, plus its own returns.

More on entering India

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