Chartered Accountants◆Practising since 2016

Germany to India · Structure

Choosing an Indian entity for a German parent

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375 · Updated

In brief

A private limited subsidiary suits almost every German business that will hire, sell or contract in India. A branch or liaison office needs approval through an authorised dealer bank and only suits a defined role; an LLP is limited to sectors open to 100% foreign investment under the automatic route.

What is specific to German companies

A subsidiary lets dividends reach Germany under the 95% participation exemption. A branch's profits are dealt with in the German company's own return, usually under the treaty's exemption method.

How the German side affects the choice

A German corporation holding at least 10% exempts 95% of the dividend under Section 8b of the Corporation Tax Act.

Our services

How SU and Company helps

We compare the options against the German parent's plans and give a written recommendation before any filing.

  • Activity and FDI route check
  • Tax comparison of subsidiary and branch
  • Eligibility check for branch or liaison office approval
  • Joint venture shareholding and FEMA pricing points

Questions

Is a branch office a good option for a German company?

Only for a narrow, approved activity. A branch is taxed at the foreign company rate and exposes the parent directly, so most groups prefer a subsidiary.

General information as at 5 November 2026, not advice for a particular case. Indian and German rules change often; confirm the current position before acting. German law points should be confirmed with a German adviser.

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