We have advised on various types of outbound investment transactions such as formation of wholly owned subsidiaries or branches, joint ventures, acquisitions via share swaps, project exports and international contracts.

To render the above services we pool together our knowledge of Indian tax laws, foreign tax laws, international tax treaty interpretation, transfer pricing, exchange control regulations, etc. The following services are generally required either at the setup stage or at the start of commercial operations in the foreign country depending upon the country and the type of transaction:

• Understanding the nature of operations and the business plans in terms of capital and operating costs which would help determine the choice of entity – whether branch or subsidiary is to be formed
• Legal due diligence with regard to laws that may be applicable to the kind of operations being conducted abroad so that management in India has a fair idea of how to structure contracts with vendors, employees and clients and importantly guard against any product liabilities
• International tax planning in relation to formation of holding companies, profit extraction techniques, transfer pricing, etc.
• International expatriate tax planning, when employees are deputed from India to overseas
• Determining billing methodology from an international tax and transfer pricing perspective
• Advising on and obtaining approval for formation of the overseas entity considering the capital structuring and international tax plan
• Formation of the entities abroad in coordination with international offices of our associates
• Determining initial approvals and obtaining them in the destination country – for example – VAT registration, PAYE registration, etc.
• Coordination with overseas immigration attorneys to obtain work permits
• Our international offices can also offer assistance in terms of introductions to property agents, lawyers, etc. at the time of set up of your operations.