Key takeaways
- The decision should be based on business substance and long-term operating requirements, not tax alone.
- FDI, ODI, FEMA, corporate, tax and governance considerations need to be assessed together.
- Professional legal and tax advice should be obtained for the final structure.
An international holding structure can influence capital flows, governance, investment, funding and the ability to manage overseas businesses. GIFT City creates an Indian platform for evaluating some of these possibilities.
However, a HoldCo decision should begin with the business model. What assets will sit in the structure? Where are the subsidiaries? Where will management take place? How will funding and dividends move? What regulatory permissions apply? What are the tax and transfer-pricing implications?
For Indian groups, FEMA, ODI and applicable foreign-investment rules also need careful consideration. The structure should be designed around substance and commercial purpose.
CCPI can help businesses frame the strategic and operating assessment and coordinate with qualified legal, tax and regulatory professionals.