Non resident/audit

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Hi,

i have Query relating to the Following issue expect to have some advise on the same:

1. There is Company incorporated in F.Y 2011-12, but it has not maintian any BOA & hence no Account are being Audited yet. Basically its company having 2 shareholder & one of which is Not indian origin.

2. Its company created by forgein entitiy by Sending their one of Reprsentative to create indian company.

3.they did so to avoid tax implication on part of foregin entitie, what they are doing is servces are being provided by forgein entity & collection of receipt are done my indian company and that too all in cash & they making all payment by chques such salaries,operating exp,rent etc.

my doubts are :

1.What will be the tax Implication of Indian COmpany.

2.What will be tax implication of said shareholder (i.e Non indian origin) if they earn income from forgein entity

3.what should be done to avoid future & past defaults.

4.What are FEMA/RBI regulation aforsaid case.

 

 

Replies (3)

For the Companies Act part:
MCA regisgtration is must. register on MCA!
Prepare the accounts get them audited & file them on MCA too
Get DSC for the Director of Indian origin


Income tax aprt:
Get TAN & deduct TDS for all the INDIAN REmitances which fall in the purview

As far as the cash expenses go they will be disallowed if they are more than 20k. more over cash exps between 5k & 2ok will also reequire revenue stamp. Amount of cash deposited in the current account will be deemed as income for the company.

For foreighn remittances you will also need FORM 15CB, TDS as per DTTA or (if no DTAA) as per acat or 20% if the NR Company doesnot have NRI pan. (SAme will be applicable to the NRI Director)

 

you are right.

but you may have interpretated my question wrongly or i have not asked in proper way.

1.Company is Already created under Comapanies Act. so there is no question of registration.

2.Company is Collecting Cash Not paying in cash so There is no Issue of Dissallowance.

3.as of now Company has not made any remittance to any Non Resident Hence. Not Applicable.

My Query was This indian Company is Created my Two Person. 1.Indian Person & 2.Non Indian ( Employee or related to Forgein Entity)

Now Services are being Provided by Forgein Entity to Customer & whatever is Reciepts is Collected by this Indian Company & that too in cash,so indirectly there is Diverstion of income to Forgien Entity.

so issue is the present flow is not Correct therefore what is a proper Channel to do it,.

did u get a solution to ur query?? please keep me posted with the update.
u can msg me on caclubindia as u get the solution., i am eager to know!

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