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06 / Cross-Border Practice
India-related cross-border matters may involve the Income-tax Act, FEMA, RBI directions, AD Bank requirements, Companies Act compliances, DTAA provisions and related reporting obligations. Remittance, investment, loan, property, business presence and income-reporting matters often require review from both tax and regulatory perspectives.
The firm assists NRIs, foreign nationals and overseas entities in evaluating Indian tax and regulatory issues through structured documentation, applicable legal analysis and coordination support with authorised dealer banks and relevant professionals, where required.
India-related cross-border matters may involve the Income-tax Act, FEMA, RBI directions, AD Bank requirements, Companies Act compliances, DTAA provisions and related reporting obligations. Remittance, investment, loan, property, business presence and income-reporting matters often require review from both tax and regulatory perspectives.
The firm assists NRIs, foreign nationals and overseas entities in evaluating Indian tax and regulatory issues through structured documentation, applicable legal analysis and coordination support with authorised dealer banks and relevant professionals, where required.
For matters such as repatriation of funds, property transactions, inbound investments, capital gains on Indian assets, residential status determination, NRI return filing, withholding tax and Form 15CA / 15CB related matters, the approach is based on facts, records, applicable law and prescribed compliance requirements.
The Income-tax Act, 2025 applies from 1 April 2026. Relevant NRI and cross-border advisory matters are reviewed with reference to the applicable law, transition provisions, residency rules and withholding tax requirements.
ITA 2025 — Impact on NRIs
The Income Tax Act 2025 (effective AY 2026-27) restructures provisions governing NRI taxation, RNOR status, residency determination, and Sec 195 TDS obligations. All our NRI advisory and return filing work from AY 2026-27 is mapped to the new Act's structure. We advise clients proactively on impact assessments before filing deadlines.
Cross-border transactions such as remittances, investments, loans, gifts, property transactions and repatriation of funds generally require review under FEMA, applicable rules, regulations and RBI directions.
The firm assists in transaction mapping, identification of applicable routes, documentation review, FEMA reporting support and coordination with authorised dealer banks, where applicable.
India's DTAA framework may provide relief from double taxation, subject to domestic law, treaty provisions and prescribed documentation.
The firm assists in reviewing treaty eligibility, Tax Residency Certificate, Form 10F, beneficial ownership declarations, no-permanent-establishment declarations and related withholding tax positions, where applicable.
NRI and cross-border transactions may be reviewed by banks, tax authorities or regulatory authorities. Appropriate documentation helps support the nature, source, tax treatment and regulatory basis of the transaction.
The firm assists in preparing and reviewing documentation trails for remittances, repatriation, property transactions, investment matters, tax filings, FEMA reporting and Form 15CA / 15CB related matters, based on the scope of engagement.
Residential status under Indian tax law and FEMA can materially affect taxability, reporting obligations, banking permissions, repatriation options and compliance requirements.
The determination requires review of physical presence in India, residential status conditions, source of income, foreign income exposure, RNOR / non-resident status, FEMA residential status and applicable treaty provisions.
Incorrect classification may affect taxability, reporting and compliance obligations, including in relation to Indian and foreign income, where applicable.
Cross-border transactions involving India may require simultaneous review under tax, FEMA, RBI, corporate law, securities law and banking regulations.
FEMA 1999 · RBI Master Directions
FEMA regulates many inbound and outbound transactions, including remittances, investments, loans, property transactions and repatriation. The applicable route, reporting requirement and AD Bank documentation should be reviewed before execution.
Income-tax Act, 1961 · Income-tax Act, 2025
Non-resident taxation involves Indian-sourced income, TDS, capital gains, DTAA claims, residential status and return filing obligations. The Income-tax Act, 2025 applies from 1 April 2026, while earlier tax years continue to be governed by the 1961 Act.
Full article: NRI capital gains on Indian property (ITA 2025) →
Companies Act 2013 · SEBI Regulations
Foreign entities setting up or investing in India may require review under Companies Act, MCA, FDI and SEBI frameworks. This may include subsidiaries, branch offices, liaison offices, project offices, FPI investments and listed company holdings, where applicable.
Double Taxation Avoidance Agreements
DTAA analysis may help determine withholding tax, capital gains, business profits, permanent establishment exposure and relief from double taxation. Treaty claims generally require TRC, Form 10F and supporting documentation.
Full article: DTAA after the MLI — PPT, notifications, Circular 01/2025 →
Transfer Pricing · Sections 92 to 92F
Cross-border transactions between associated enterprises require arm's length review and transfer pricing documentation. Form 3CEB and transfer pricing reports may be required where applicable.
NRO · NRE · FCNR(B) Banking
NRO, NRE and FCNR(B) accounts have different tax, repatriation and documentation implications. Repatriation from NRO accounts is generally subject to prescribed limits, AD Bank review and applicable tax documentation.
Full guide: Repatriating property sale proceeds (FEMA, Forms 145/146) →
Individuals holding Indian passports or persons of Indian origin residing overseas, with Indian income, property, investments or savings. Matters may include residential status, RNOR review, capital gains on Indian assets, DTAA claims and income-tax return filing obligations in India.
Foreign nationals, expatriates and professionals on assignment in India requiring review of salary structuring, residential status, Section 195 withholding matters, social security treaty aspects and repatriation of accumulated savings, where applicable.
Overseas entities evaluating or establishing an Indian presence through a subsidiary, branch office, liaison office or project office. Matters may include permanent establishment review, management fee and royalty arrangements, MCA filings, FEMA reporting and related compliance requirements.
Non-resident entrepreneurs and high-net-worth individuals holding Indian property, investments, business interests or inherited assets. Matters may include capital gains review, succession and inheritance-related implications, FEMA considerations, NRO / NRE account matters and tax treatment of rental or investment income.
Structured modules for NRI taxation, FEMA, inbound investment, banking compliance and cross-border reporting — each handled under a documented scope of engagement.
Module Overview
Entry into India generally involves review of FEMA, Companies Act, RBI / AD Bank requirements, FDI policy, sectoral conditions and initial compliance obligations.
The firm assists foreign entities and non-resident investors in evaluating suitable entry options, reviewing applicable approval routes, supporting incorporation / registration processes and preparing an initial compliance framework.
Scope
Assistance in evaluating entry options, incorporation / registration processes, FEMA reporting, MCA compliance and initial governance support for foreign entities and non-resident investors entering India.
Key Points
Cross-border engagements are often multi-dimensional. A single transaction may involve income-tax, FEMA, RBI / AD Bank requirements, DTAA provisions, Companies Act matters and banking documentation.
Our 6S delivery framework supports a structured review of relevant tax, regulatory and documentation aspects. The objective is to ensure that positions are analysed, documented and supported by appropriate records, based on the scope of engagement.
Review residential status, income sources, prior FEMA exposure, transaction background and treaty applicability before execution.
Sec 6 · FEMA 1999 · DTAAEvaluate suitable transaction routes with reference to FEMA, DTAA, banking requirements and applicable regulatory provisions.
FDI Policy · Sec 90/90APrepare tax and withholding computations, including capital gains analysis, Section 195 review and treaty overlay, where applicable.
Sec 112 · Sec 195Prepare working papers and documentation support, including TRC, Form 10F, declarations, certificates and relevant transaction records.
Rule 37BB · ICAI GNSupport filing and reporting requirements such as Form 15CA / 15CB, income-tax returns, FEMA reporting, RBI / AD Bank documentation and MCA filings, where applicable.
Form 15CA/CB · FLAProvide representation support for notices, scrutiny, appeals, FEMA matters and related proceedings, based on available records and applicable law.
FEMA Sec 13 · ITAOur NRI and cross-border engagements are handled through a structured 6S delivery model with defined outputs at each stage.
Each engagement generally begins with a structured study of the facts, residential status, India-sourced income, FEMA-related transactions, prior filings, bank records and potential compliance gaps.
Output: Engagement scope note · Residency determination · Income and transaction map · FEMA exposure review
For matters such as property sale, remittance, investment, business setup or cross-border income, the firm assists in evaluating suitable transaction routes with reference to FEMA, RBI / AD Bank requirements, DTAA provisions, Indian tax treatment and documentation requirements.
Output: Structuring note · FEMA route review · DTAA analysis · Compliance checklist
Taxability, withholding obligations, capital gains treatment, treaty positions and reporting requirements are reviewed with reference to applicable law, records and prescribed documentation.
Output: Tax computation · Withholding review · Treaty overlay · Working papers
The firm assists in preparing and reviewing documentation trails, certificates, declarations, Form 15CA / 15CB support and related records required for banks, filings or regulatory review.
Output: Documentation pack · Certificates · Declarations · Compliance file
Filing and reporting support may include income-tax returns, FEMA reporting, RBI / AD Bank documentation, MCA filings and other prescribed submissions, based on the scope of engagement.
Output: Filed returns · FEMA reports · AD Bank submissions · Status tracker
Representation support for tax notices, scrutiny, appeals, FEMA matters and related proceedings is provided based on available records, applicable law and the agreed engagement scope.
Output: Reply drafts · Hearing support · Appeal documentation · Closure memo
NRI and cross-border matters may involve FEMA, income-tax, DTAA provisions, banking documentation and corporate law requirements. The firm assists in coordinated review of these areas within the agreed scope of engagement.
Form 15CB and other certificate-related assignments are undertaken based on examination of relevant documents, applicable taxability, DTAA position, FEMA considerations and professional requirements under ICAI guidance.
The firm follows a documentation-first approach so that relevant positions, computations, declarations, certificates and working papers are maintained in an organised manner for future reference, bank review or tax proceedings, where applicable.
The Income-tax Act, 2025 applies from 1 April 2026. Relevant NRI matters are reviewed with reference to the applicable law, transition provisions, residency framework, RNOR status and withholding tax requirements.
The firm assists in reviewing India's DTAA framework for treaty eligibility, TRC, Form 10F, permanent establishment exposure, withholding tax rates, capital gains and income characterisation, based on applicable facts and records.
For overseas individuals and entities dealing with Indian tax, FEMA, banking, property and compliance matters, the firm provides coordinated support through structured communication, documentation review and defined responsibility within the engagement scope.
Next Step
A single CA partner for your tax, FEMA, banking, and regulatory needs in India — structured, documented, and defensible at every step.
Principal Purpose Test, Limitation of Benefits, Covered Tax Agreements, the notification controversy, key ITAT rulings, CBDT Circular No. 01/2025, and practical compliance for cross-border structures.
