An Indian company which is a wholly owned subsidiary of a foreign company wants to make a CSR contribution. Is the Foreign Contribution and Regulation Act (FCRA) applicable to such Indian company and any contribution made by such Indian company will be considered as Foreign contribution as per FCRA ? Whether the Indian company falls under the definition of Foreign company as per FCRA ?
As per the FCRA, any contribution made by a company which is owned or controlled by a foreign source, shall be considered as foreign contribution. So, in case of Indian company which is a wholly owned subsidiary of a foreign company, the contribution made by such Indian company will be considered as foreign contribution as per FCRA.
The Indian company would fall under the definition of a "foreign company" as per FCRA, if more than 50% of its share capital is held by a foreign company or individual, or if the management and control of the company is in the hands of a foreign company or individual.
There is an amendment made vide the Finance Act 2016 to exclude Indian companies which are subsidiaries of foreign companies if the foreign investment is within the limits laid down under FEMA rules and Regulations.
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