Tax

We assist clients in managing tax risks in relation to a wide array of issues relating to their business such as inbound & outbound structuring, transactional tax advice & general tax advisory & litigation under the Income Tax Act, 1961 and its interplay with tax treaties that Indian has entered into with other countries.

A brief summary of the services we provide under this practice area is provided below.

Assists businesses, MNCs and the investor community in navigating through the complex legal issues to set up the right structure for the business and operations that are not just efficient from a legal and tax perspective but also keeping in mind Indian exchange control regulations which bear a direct nexus to the structure and the choice of financing i.e., debt, equity, hybrid etc.
On the industry front, we have expertise to provide advice to gaming companies, foreign and domestic educational institutions, charitable organisations looking to set up presence in India.

Outbound structuring requires understanding and interplay of not only India’s legal and tax system but also of jurisdictions around the world. We assist in formulating and implementing the possible global structures in view of the business objectives of the client.
Specifically, we provide end-to-end structuring options for business looking to externalise and provide structuring options which are compliant from Indian legal and exchange control standpoint and tax efficient (by identifying a tax efficient jurisdiction, choosing appropriate investment instruments, addressing issues of anti – avoidance, commercial substance, effective management etc.).

Advice on developing the right structure when it comes to acquisitions and dispositions which are tax efficient and compliant from a legal and regulatory perspective.
Advice on precautions against potential tax liability and ways to apportion tax risks arising out of transactions including negotiation on tax indemnity.
Advice on withholding tax issues in M&A and other like transactions

Advise on cross-border mergers, demergers, buy-backs, re-domiciliation of companies from one jurisdiction to another and in specie distributions of assets.
Advise on mitigation strategies with respect to the indirect transfer tax (Vodafone tax), general anti-avoidance rules (GAAR), transfer pricing and other international tax issues.
Advisory on various issues under the Act which pertain to capital gains tax, interest and dividend withholding, other withholding tax issues, service agreements, place of effective management, business connection, etc.
Advisory on permanent establishment (PE), royalty and fees for technical services, digital tax, equalisation levy and other treaty related issues.
Advisory on inbound and outbound investments to assess the impact that the MLI will have on business operations in India.
Withholding tax advisory on payments made to residents, between residents, and residents to non-residents on the above issues.

Outbound structuring requires understanding and interplay of not only India’s legal and tax system but also of jurisdictions around the world. We assist in formulating and implementing the possible global structures in view of the business objectives of the client.
Specifically, we provide end-to-end structuring options for business looking to externalise and provide structuring options which are compliant from Indian legal and exchange control standpoint and tax efficient (by identifying a tax efficient jurisdiction, choosing appropriate investment instruments, addressing issues of anti – avoidance, commercial substance, effective management etc.).