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Tag: FEMA

Your parent granted the options. India still taxes them. Foreign company ESOP taxation in India guide by A S Banka Advisors Private Limited

Foreign Company ESOP Taxation in India: What Founders Must Settle Before Their Indian Team Exercises (2026)

15 October, 2026 A S Banka

Key Takeaways When a foreign parent gives stock options to your team in India, the gain at exercise is taxed in India as salary: the fair market value on the exercise date minus what the…

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FDI compliance checklist for startups: 6 decisions to settle before foreign money lands

FDI Compliance Checklist for Startups: 6 Decisions Indian Founders Must Make Before Foreign Money Lands (2026)

8 October, 2026 A S Banka

Key Takeaways Most FDI problems in Indian startups are created before the money arrives, not in the FC-GPR filing after it. The decisions on route, investor, instrument and price are made at the term-sheet stage.…

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Annual Performance Report (Form APR) for Your Foreign Subsidiary: What Indian Founders Must File by 31 December

24 September, 2026 A S Banka

Key Takeaways If you are resident in India and hold equity in a foreign entity that counts as overseas direct investment (ODI), you must file an Annual Performance Report (APR) for that entity every year.…

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Annual RBI Reporting for Your Foreign Subsidiary: What Indian Founders Owe Every 31 December

27 August, 2026 A S Banka

Key Takeaways If you hold equity in a foreign entity as overseas direct investment, an Annual Performance Report is due for each foreign entity every year by 31 December. It is not tied to your…

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Does Your Indian Startup Need a US Subsidiary? A Founder’s Decision Guide (2026)

13 August, 2026 A S Banka

Key Takeaways A US subsidiary for an Indian startup is a business decision, not a growth milestone. Open one when a customer, an investor or a hire makes it necessary, not because it signals ambition.…

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Startup Data Room Checklist: What Indian Investors Actually Ask For (2026)

23 July, 2026 A S Banka

Every founder thinks the raise starts with the pitch. It does not. It starts the moment an investor's analyst opens your data room and begins ticking boxes. That is where a term sheet quietly speeds…

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The 95-Document Due Diligence Checklist for Indian Startup Fundraising (2026)

19 May, 2026 admin

Key Takeaways Series A due diligence typically reviews 80 to 100 documents across 8 categories: corporate, financial, tax, regulatory, IP, HR, commercial, and compliance. Most Indian startups have 30 to 40 of these ready when…

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Delaware Flip vs Reverse Flip: The Tax Math Nobody Does

18 May, 2026 admin

Key Takeaways A Delaware Flip moves the parent company to the US. A Reverse Flip moves it back to India. The Delaware Flip triggers Indian capital gains tax at an effective rate of about 14.95…

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Transfer Pricing for Indian Startups: The Plain English Guide

5 May, 2026 admin

Note: All section references in this article are to the Income-tax Act 2025 (effective April 1, 2026), which has re-enacted the corresponding provisions of the Income-tax Act 1961 without substantive change to the transfer pricing…

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FEMA Compounding Penalties: What Indian Startup Founders Need to Know

29 April, 2026 admin

Key Takeaways FEMA penalties can be up to 3x the contravention amount for ongoing violations. RBI's compounding facility lets you self-report and settle penalties before enforcement action. The compounding fee depends on the contravention amount,…

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Recent Post

  • Mauritius on Your Cap Table? The Treaty’s New Principal Purpose Test Applies from 10 August 2026
  • Foreign Company ESOP Taxation in India: What Founders Must Settle Before Their Indian Team Exercises (2026)
  • Hedging Dollar Payments? RBI’s USD 5 Million Limit, Rebooking Ban and 20% Reserve, Explained for Startups
  • The 57th GST Council Recommendations, Read for Founders: Disputes, Refunds, Blocked Credits and Foreign Branches
  • Got a 200% Misreporting Penalty? How the New Section 440 Waiver Works, and When It Beats an Appeal

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