Indian forming a company in the US

Others 1465 views 10 replies

Hello All,

 

Very happy to see this collective effort. I had some questions which I need answers and feel this would be the best place to get an authoritive response.

I'm planning to run a digital goods business which would be operated through a website and all the payments would be made online. I'm thinking of incorporating my business in the U.S (Delaware) It would be registered as a LLC. The company would have a US merchant account which would be the primary account for all the transcations. Now, If I wire transfer the money from that account to my personal or any other account over here in India what would be the tax implications?

What are the challenges that I would face in India since this company is incorporated in the US?

 

Appreciate all your help.

Replies (10)

Source of income is based to say abt tax impilcations, i.e income is generated in india or in US & Capital investment also taken into considerartion... However Capital may be taken from india then tax should be paid accordingly IT Act 1961 under Business & Profession Head

Originally posted by : shashi

Source of income is based to say abt tax impilcations, i.e income is generated in india or in US & Capital investment also taken into considerartion... However Capital may be taken from india then tax should be paid accordingly IT Act 1961 under Business & Profession Head

Thanks for your response. As this is an online venture I would have clients from all over the world (Including India). I'm not sure how the income source can be seperated since it's all operated through a international payment gateway. Additionaly Is there any way this US incorporation can be registered as a subsidiary or a foreign company in India. Which one would be the best as far as the taxing system goes?

I got ur point the service is rendring from india( through online) this leads to pay tax in india only... best is to pay in india itself.

Originally posted by : shashi

I got ur point the service is rendring from india( through online) this leads to pay tax in india only... best is to pay in india itself.

Alright! Just got another question though. I'm planning to move to the middle east soon. If I'm residing at the middle east and operating the same from there, then what would be the tax implication?

Then if you are not resident in India for 60 days then you shall be goverened by the middle east laws.

Otherwise your income shall be taxable in india as well, however , the DTAA of the specific country wherein you settle may help you in this regard.

Originally posted by : CA. Anuj Gupta

Then if you are not resident in India for 60 days then you shall be goverened by the middle east laws.

Otherwise your income shall be taxable in india as well, however , the DTAA of the specific country wherein you settle may help you in this regard.

Well, that pretty much explains it Thank You. I got another question too :) This is already registerd as a LLC in the US. If I plan to register a subsidiary here in India what would be the best business strucure to start with. Can I register this company as a Pvt Ltd or should I register as a foreign company? I see all all the major corporations are registered as Pvt Ltd in India. What are the benefits and what would be the best structure to start with?

Thanks Again

The answer shall depend on lot of things. Ideally the Indian company should be a Pvt.Ltd. company.

The actual answer shall be dependent on various permutations and combinations.

 

Anuj

0-9810106211

Originally posted by : CA. Anuj Gupta

Anuj

0-9810106211

Appreciate your help. Thanks :)

Mr X is (a Foreign national ) is a promoter Director ina Pvt Ltd company in India.Now he wants to form an LLC in US. What are the implications? Can he still do business with the parent company where he is a Director.

Would appreciate advise from experts.

Thanks

K.murthy

Answer shall depend on the facts of the case.

 

Anuj

femaquery @ gmail.com


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