Business & FEMA

Foreign investment into India, investment abroad, and cross-border business payments.

A US company paying an Indian consultant, a family office in Singapore investing in an Indian start-up, a resident Indian setting up a subsidiary in the UAE: each transaction crosses a border, and each engages more than one body of law.

When investment or business crosses India’s border, more than one body of law applies. FEMA (and, where relevant, sector or securities regulation) decides whether the transaction is permitted and how it is reported, and income-tax law decides how it is taxed. Company law may add requirements of its own. Meeting one set of rules does not satisfy the others.

The same distinction runs through investment abroad by Indian residents. Sending money abroad under the Liberalised Remittance Scheme and making an overseas direct or portfolio investment are governed by related but distinct rules, and an individual’s overseas investment can engage both.

Where to begin

Where another country is involved, its tax, legal and reporting position should be reviewed by an appropriately qualified professional in that country.

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