Subsidiary Entity
Subsidiary Entity
Wholly Owned Subsidiary or Foreign Subsidiary Company in India (WOS)
For foreign companies looking to establish a strong, controlled presence in India, setting up a Wholly Owned Subsidiary (WOS) is one of the most preferred routes. With this structure, the foreign parent company retains complete ownership and full control over the Indian entity's business operations and decision-making. It remains a popular choice among small, medium, and large businesses alike, especially as India continues to simplify compliance through digitalization. At Vagrecha & Associates, we handle the entire incorporation process end-to-end, ensuring smooth Foreign Direct Investment (FDI) compliance and a hassle-free entry into the Indian market.
FDI Policy
FDI or Foreign Direct Investment in India is permitted through two routes: -
Automatic Route
Under this route, foreign investors and Indian companies can go ahead with the investment without seeking prior approval from the Government of India.
Government Route
Under this route, investment requires prior approval from the Government of India. Such proposals are reviewed and cleared by the concerned Administrative Ministry or Department before the investment can proceed.
Foreign Direct Investment of up to 100% is permitted under the automatic route in the following IT-related services: data processing, software development and computer consultancy, software supply, business and management consultancy, market research, and technical testing and analysis.
Additionally, 100% FDI is allowed in B2B e-commerce within India's IT sector.
Types of Entities to Choose for FDI
As per the Reserve Bank of India (RBI), Foreign Direct Investment (FDI), or Foreign Investment, refers to any investment made by a person resident outside India, on a repatriable basis, in the capital instruments of an Indian company or in the capital of an LLP. Accordingly, only two types of entities are eligible to receive FDI:
- Private/ Public limited companies
- Minimum 2 Share holders
- Minimum 2 Directors
- Minimum 1 resident Director
- Income Tax 15 %-22%
- Minimum 2 Partners
- Minimum 1 resident Partner
- Partners are owners and managers
- Income Tax 30%
- No Dividend Tax
Affiliations
Frequently Asked Questions
What is a subsidiary entity?
A subsidiary is a business entity that is fully or partially owned by another company, either the parent or the holding company. The ownership of the subsidiary is determined by the percentage of shares held by the parent company.
What are the benefits of having a subsidiary entity?
Subsidiary entities can help with risk management by isolating business liabilities. They offer a company additional operational flexibility and many tax benefits. A subsidiary entity also helps with better market growth and expansion.
How does a subsidiary entity impact my company’s financials?
A subsidiary entity can separate the parent company’s financials from the child company. It also offers significant tax benefits to the parent company. The profitability of the subsidiary entity is also reflected in the financials of the parent company.
How does BC Shetty Co. support the management of subsidiary entities?
BC Shetty & Co. can take care of all the financial aspects of the subsidiary company. It can also help you in the formation of a subsidiary entity and manage all your company finances. It also takes care of audits, payrolls, compliance management, etc.
What are the reporting requirements for subsidiary entities?
Some of the common reporting requirements for subsidiary entities include:
- Financial statements
- Audits
- Tax returns
- Regulatory filings
- Corporate governance reports
- Management reports
What legal considerations should I be aware of for subsidiary entities?
You must understand the regulatory requirements and the tax laws. Before starting your subsidiary entity, you must also perform risk assessments and compliance checks.
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