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India

Taxes

Want to setup a company? This will tell you about tax laws in India for a LLC, which is the most common company type in India.

India taxes resident companies on their worldwide income. The usual percentage for offshore tax, from our research, and this is not personal tax advice, is 34.6%. The CIT standard rate is 30% for domestic companies and 40% for foreign companies and its branches in India. However, adding the surcharge and cess, the effective CIT rate is 34.608% and 43.02% respectively. There are certain reductions up to a tax rate of 25% plus surcharge and cess, for newly set up resident manufacturing companies. Taxes are high in India, ranking 167th overall with regards to CIT globally.

The standard VAT rate ranges from 12.5% to 15%, depending on the state. That ranks India as 79th overall in terms of VAT taxation rate internationally. In terms of other taxation, an employer will contribute 12.00% to the equivalent of a social security fund and an employee will contribute 12.00%. The overall complexity of the tax system is high. This is measured by average time to comply with a country's labor tax requirements is as it is 243hours. Contributing to this is the number of yearly labor tax payments, which is 9 in IN.

Thin cap mandates aren't officially enacted. This refers to any type of laws on given company with respect to debt-to-asset ratios. Dividends paid by a domestic company are subject to a Dividends Distribution Tax of 15%, being an effective rate of 20.36% including surcharges and cess. Dividends received from a domestic company are usually exempt of tax, except for amounts received by certain recipients of more than INR 1m per year, which are taxed at 10% plus surcharges and cess. Dividends received from a foreign company are subject to CIT, however a 50% reduction may apply when Indian Company holds at least 26% of equity shares of the payer. Dividends are payments of earnings of the business, determined by the board of directors, to a particular class of shareholders. Dividends can be issued as cash payments, shares of stock, or other property.

Capital Gains are taxed depending on whether gains are short or long term. Long-term gains of listed shares and specified securities that are subject to STT, which ranges from 0.01% to 0.125%, are not subject to Capital Gains Tax. Long-term gains on shares or securities which are not subject to STT, are subject to a Capital Gains tax of 10%. Short-term gains are taxed at a 15% plus surcharges and cess, whether they are subject to STT or not. Both long or short term gains on other assets are subject to a Capital Gains tax of 20% plus surcharges and cess. A capital gains tax is levied on the profits that a corporation or natural person realizes when he or she sells sells a capital asset for a price that is higher than the purchase price.

Dividends paid to non-residents are not subject to withholding tax. However, they are subject to the DDT at an effective rate of 20.36%. Interest paid to non-residents are generally subject to a withholding tax of 20%. However, certain interests on foreign currency or in government securities may be taxed at 5%. Payments on royalties to non-residents are subject to a withholding tax of 10%. Withholding tax rates may be reduced or eliminated under a tax treaty.

There is a tax on net wealth in India. There are no known inheritance taxes in IN. There are real estate and transfer taxes. We are aware of commonly used credits for innovation spend that include tax relief in IN.

The above is not tax or legal advice for your company's facts and circumstances. We can point you to an expert in India who can give you an answer. Contact us today. Click incorporate now if you are in a hurry, or press the free consultation button above.

Country details

India
INR
New Delhi
Asia
en-IN, Hindi, bn, te, mr, ta, Urdu, gu, kn, Malayalam, or, Punjabi, as, bh, sat, ks, ne, sd, kok, doi, mni, sit, sa, French (Standard), lus, inc
1,173,108,018

Tax treaties

Country Type Date Signed
Sri Lanka DTC  2013-01-22
Syrian Arab Republic DTC  2008-11-10
Viet nam DTC  1994-09-07
Bahamas, The TIEA 2011-02-11
Canada DTC  1996-01-11
Lithuania DTC  2011-07-26
Belize TIEA 2013-09-18
Luxembourg DTC  2008-06-02
Turkmenistan DTC  1997-02-25
Russian Federation DTC  1997-03-25
Jordan DTC  1999-04-20
Ukraine DTC  1999-04-07
Turkey DTC  1995-01-31
Tajikistan DTC  2008-11-20
Egypt DTC  1969-02-20
Indonesia DTC  2012-07-27
Greece DTC  1965-02-11
Armenia DTC  2003-10-31
Bangladesh DTC  2005-11-13
Malta DTC  1994-09-28
Faroe Islands DTC  1989-03-08
Czech Republic DTC  1998-10-01
Germany DTC  1995-06-19
Uruguay DTC  2011-09-08
Mozambique DTC  2010-09-30
Zambia DTC  1981-06-05
Korea, Republic of DTC  1985-07-19
Qatar DTC  1999-04-07
Georgia DTC  2011-08-24
Trinidad and Tobago DTC  1999-02-08
Guernsey TIEA 2011-12-20
Australia DTC  1991-07-25
Montenegro DTC  2006-02-08
Saint Kitts and Nevis TIEA 2014-11-13
Bermuda TIEA 2010-10-07
Belgium DTC  1993-04-26
Jersey TIEA 2011-11-03
Kuwait DTC  2006-06-15
Malaysia DTC  2012-05-09
Mauritius DTC  1982-08-24
Cayman Islands TIEA 2011-03-21
Estonia DTC  2011-09-19
Namibia DTC  1997-02-15
Monaco TIEA 2012-07-31
Singapore DTC  1994-01-24
Finland DTC  2010-01-15
France DTC  1992-09-29
Botswana DTC  2006-12-08
Switzerland DTC  1994-11-02
Ireland DTC  2000-11-06
Bhutan DTC  2005-11-13
Ethiopia DTC  2011-05-25
Iceland DTC  2007-11-23
Uganda DTC  2004-04-30
Liberia TIEA 2011-03-10
Gibraltar TIEA 2013-02-01
Liechtenstein TIEA 2013-03-28
Uzbekistan DTC  1993-07-29
China DTC  1994-07-18
Sweden DTC  1997-06-24
Oman DTC  1997-04-02
Bulgaria DTC  1994-05-26
Slovakia DTC  1986-01-27
Morocco DTC  1998-10-30
Romania DTC  2013-03-08
Argentina TIEA 2011-11-21
Afghanistan DTC  2005-11-13
Hungary DTC  2003-11-03
Kenya DTC  1985-04-12
Poland DTC  1989-06-21
Denmark DTC  1989-03-08
Mongolia DTC  1994-02-22
Isle of Man TIEA 2011-02-04
Philippines DTC  1990-02-12
South Africa DTC  1996-12-04
Latvia DTC  2013-09-18
Macao, China TIEA 2012-01-03
Serbia DTC  2006-02-08
United States DTC  1989-09-12
Tanzania DTC  2011-05-27
Brazil DTC  1988-04-26
Libya DTC  1981-03-02
Nepal DTC  2011-11-27
New Zealand DTC  1986-10-17
San Marino TIEA 2014-05-14
Slovenia DTC  2003-01-13
Albania DTC  2013-07-08
Bahrain TIEA 2012-05-31
Kazakhstan DTC  1996-12-09
Norway DTC  2011-02-02
Saudi Arabia DTC  2006-01-25
Netherlands DTC  1988-07-30
United Arab Emirates DTC  1992-04-29
Spain DTC  1993-02-08
Italy DTC  1993-02-19
Maldives DTC  2005-11-13
Kyrgyzstan DTC  1999-04-13
Sudan DTC  2003-10-22
Myanmar DTC  2008-04-02
Japan DTC  1989-03-07
United Kingdom DTC  1993-01-25
Chinese Taipei DTC  2011-07-12
Mexico DTC  2007-09-10
Austria DTC  1999-11-08
Portugal DTC  1998-09-11
Colombia DTC  2011-05-13
Belarus DTC  1997-09-27
Cyprus DTC  1994-06-13
Israel DTC  1996-01-29
Thailand DTC  1985-03-22

Tax treaties Map

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Disclaimer

Although we use our best efforts to keep the information of this site accurate and up-to-date, we make no representations or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this website. We disclaim any warranties expressed or implied, merchantability, or fitness for any particular purpose. We shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. The contents of this website are just for illustrative purposes and are NOT to be considered as a legal opinion or tax advice and should not be relied upon as such. Far Horizon Capital Inc., and any associated company, is not engaged in the practice of law or tax. If you wish to receive a legal opinion or tax advice on the matter(s) in this website please contact our offices and we will refer you to an appropriate legal practitioner. Use of our websites FlagTheory.com, Incorporations.io, Residencies.io, Passports.io, is subject to our terms and conditions.

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