Chartered Accountants◆Practising since 2019

Chartered Accountants · India

Company registration and compliance in India.

S U & CO. advises founders, Indian businesses and foreign companies on setting up in India and on everything that follows: accounts, audit, income tax, GST, transfer pricing, FEMA and company law.

What we do

Five practices, one engagement team

Incorporation is the first filing, not the last. The same team that registers your company keeps its books, audits its reporting packs and files its returns.

I

Company Incorporation

Indian subsidiaries (private limited companies), and branch, liaison and project offices of foreign companies, with the FEMA filings that come with them.

II

Accounting & Assurance

Bookkeeping, statutory audit support, Ind AS and group reporting packs, and audit of foreign company offices in India.

III

Direct & Indirect Tax

Corporate income tax, TDS, GST, transfer pricing, OIDAR and representation before the tax authorities.

IV

FEMA, RBI & Corporate Law

Foreign investment reporting, RBI filings and compounding, and ROC and secretarial compliance.

V

Payroll & People

Payroll processing, PF, ESI, professional tax, expatriate taxation and labour code compliance.

For foreign companies

Four ways to establish a presence in India

The structure decides what you can do in India, which approvals you need and how you are taxed. A short comparison:

Comparison of entity types for foreign companies in India
StructureWhat it can doHow it is approvedTax position
Subsidiary (Private Limited)A separate Indian company owned by the foreign parent. Can carry on any business permitted under the FDI policy.Automatic route for most sectors; government approval in a fewTaxed as a domestic company
Branch OfficeAn extension of the foreign company itself, limited to activities permitted under FEMA (e.g. export/import, consultancy, IT services).Approval through an AD Category-I bankTaxed as a foreign company
Liaison OfficeA representative office for liaison and promotion. Cannot earn income in India; expenses are met by remittances from abroad.Approval through an AD Category-I bankNo taxable income; annual reporting still applies
Project OfficeSet up to execute a specific contract won in India. Closes when the project is complete.General permission, subject to conditions; reported to the AD bankTaxed as a foreign company on project income

General summary only. Sector caps, prior-approval cases and country-specific rules (for example, investors from countries sharing a land border with India) can change the answer.

How we work

An engagement, step by step

  1. 01

    Understand

    We study your business, shareholding and plans, and identify the laws that apply: Companies Act, FEMA, income tax, GST and labour codes.

  2. 02

    Advise

    We set out the structure, the filings, the timeline and the documents needed, in a written engagement letter with a clear scope.

  3. 03

    Execute

    Our team prepares and files the applications, returns and reports, and coordinates with banks, registrars and authorities.

  4. 04

    Maintain

    We keep a compliance calendar for your entity and handle the recurring monthly, quarterly and annual obligations.

Compliance calendar for Indian companies

Due dates for TDS, GST, advance tax, ROC, FEMA and annual returns, month by month.

View the calendar

Questions

Frequently asked

What does S U & CO. do?

S U & CO. is a firm of Chartered Accountants in India. Our work covers company incorporation, accounting and assurance, direct and indirect tax, transfer pricing, FEMA and RBI compliance, company law and secretarial matters, and payroll.

Can a foreign company register a company in India?

Yes. A foreign company can incorporate a wholly owned subsidiary in India under the automatic route in most sectors. Alternatively it can open a branch, liaison or project office with the approval of an authorised dealer bank under FEMA. The right choice depends on the activity, the tax position and how long the presence is meant to last.

How many directors and shareholders does a private limited company need?

The minimum is two of each: two directors on the board and two shareholders on the register. One of the directors has to have been in India for no less than 182 days in that financial year. Shareholders can be companies or individuals, including non-residents.

What filings follow incorporation for a foreign-owned company?

Shares issued to a foreign investor must be reported to the RBI in Form FC-GPR within 30 days of allotment. After that the company has recurring obligations: statutory audit, the annual return and financial statements with the Registrar of Companies, income tax and TDS returns, GST returns where registered, the annual FLA return, and transfer pricing documentation where it deals with its overseas group.

Is a statutory audit compulsory for every company in India?

Yes. Every company registered under the Companies Act, 2013 must have its financial statements audited by a Chartered Accountant every year, regardless of turnover. A separate tax audit under the Income-tax Act applies when turnover crosses the prescribed limits.

Do you work with businesses outside Delhi?

Yes. Most incorporation and compliance work in India is filed online with the MCA, the income tax department, the GST network and the RBI, so we act for clients across Indian states and for parent companies abroad.

Queries

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