Ongoing · Tax Structuring
Both sides of the corridor,
structured to align.
When you own a US company from India, the India-US tax treaty (DTAA), transfer pricing on intercompany work, and India's FEMA/ODI rules together decide what you actually pay and whether your structure holds up. We align all three — so the same income isn't taxed twice, your intercompany pricing is defensible, and cross-border ownership stays compliant on both sides.
The corridor only works when both tax systems agree. We design your DTAA position, transfer-pricing policy, and FEMA/ODI compliance as one coherent structure — coordinated with your ownership and your filings.
- DTAA
- No double taxation
- Transfer pricing
- Documented & defensible
- FEMA / ODI
- India side compliant
Why the corridor needs structuring
Filed in isolation, the corridor breaks.
- Double tax
Are you being taxed twice on the same income?
Without applying the India-US treaty (DTAA) and foreign tax credit, income earned across the corridor can be taxed in both countries — money you simply didn't need to lose.
- Transfer pricing
Is your intercompany work priced at arm's length?
When your India entity bills your US entity, the price has to be defensible under transfer-pricing rules — in both countries. Get it wrong and you face adjustments and penalties.
- FEMA / ODI
Is the India side compliant with FEMA and ODI?
Funding or owning a US entity from India triggers RBI/FEMA reporting and Overseas Direct Investment rules. Non-compliance here can unravel the whole structure.
- PE risk
Could you be creating a taxable presence by accident?
Where your team works and how contracts are signed can create a 'permanent establishment' and unexpected tax in the other country. It has to be planned, not stumbled into.
Most founders file the US side and the India side separately, and the gaps between them are where money and compliance leak — double taxation, indefensible intercompany pricing, FEMA exposure, and accidental taxable presence. Structuring is what makes the two sides agree.
What's included
One structure that works in both countries.
Treaty position, transfer pricing, FEMA/ODI, and risk review — designed together by one team across both countries.
DTAA position
We apply the India-US Double Taxation Avoidance Agreement and the foreign tax credit so the same income isn't taxed twice across the corridor.
- Treaty benefits applied
- Foreign tax credit coordinated
- Withholding optimized
Transfer pricing policy
We set an arm's-length transfer-pricing policy for your intercompany transactions and prepare the documentation to defend it in both countries.
- Arm's-length pricing set
- Documentation prepared
- Defensible in US & India
FEMA / ODI compliance
We keep the India side compliant — FEMA reporting and Overseas Direct Investment rules — so cross-border ownership and funding hold up to RBI scrutiny.
- FEMA reporting handled
- ODI compliance maintained
- RBI-ready documentation
Intercompany agreements
We put the intercompany agreements in place that underpin your transfer-pricing position and document how the two entities actually work together.
- Services / IP agreements
- Aligned with TP policy
- Diligence-ready
PE & withholding review
We review permanent-establishment and withholding-tax exposure so where your team works and how you contract doesn't create surprise tax.
- PE exposure assessed
- Withholding mapped
- Risks flagged early
Whole-structure review
We look at ownership, tax, and compliance together across both countries, so the structure is coherent — not a set of filings that quietly contradict each other.
- Both countries reviewed together
- Coordinated with ownership setup
- One coherent position
How we work
From two tax systems to one aligned structure.
We review your US and India entities, ownership, and money flows to see where double tax, transfer pricing, and FEMA exposure sit.
We design the treaty position, transfer-pricing policy, and FEMA/ODI approach so the whole structure is coherent and compliant.
We prepare the intercompany agreements and transfer-pricing documentation and put the compliance steps into motion.
As you grow, we keep the treaty position, transfer pricing, and FEMA compliance aligned with your filings on both sides.
FAQ
India-US tax structuring, answered.
The India-US Double Taxation Avoidance Agreement (DTAA) is a treaty that prevents the same income from being taxed fully in both India and the US. Combined with the foreign tax credit, it determines how income earned across the corridor is taxed and credited. Applied correctly, it stops you from overpaying; ignored, you can end up taxed twice. We build your structure around the treaty rather than filing each side in isolation.
Let's structure the corridor the right way.
Tell us how your US and India sides are set up today. We'll review your DTAA position, transfer pricing, and FEMA/ODI exposure and design one coherent structure.
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