Taxation
Taxation is a crucial aspect of doing business in today’s globalised world. The high rate of tax and constant changes in India's tax and regulatory environment can make the task of establishing and managing operations in the country a complex one.
The Indian tax environment is witnessing rapid changes with the introduction of Place of Effective Management (POEM) regulations and Income Computation and Disclosure Standards (ICDS), the potential implementation of the recommendations from the BEPS Action Plan, along with an overhaul of the existing tax law and procedures. For businesses, this has resulted in a significant rise in the risk of non-compliance with India’s tax laws. Considering the high direct and latent costs of litigation in India and the active approach of the Indian revenue authorities, tax risk management and mitigation are essential for the smooth functioning of a business in India.
The D & M Tax team offers a full spectrum of specialised tax services from managing tax matters akin to an in-house tax team to independent business advisory, business structuring, assistance in tax compliances, and litigation and representation support. Our services are aimed at supporting businesses in running efficiently and effectively, with strong accountability and governance.
Direct Tax and Regulatory Services
Inbound Investment Structuring
D & M’s expertise enables clients to implement a structure in India by setting up tax-efficient operating vehicles and analyse alternative investment jurisdictions. We have assisted our international clients at various stages of their entry into India in line with their group objectives.
Business Set-up and Registration
In India, business expenditures can only be allowed as a deduction if the business has been set up according to the Indian tax law. We assist clients in determining the actual date of set-up (commencement of business) for their operations in India in the most tax-efficient way by understanding the business and collating the necessary documents. We also help our clients obtain the necessary registrations such as Permanent Account Number (PAN), Tax Deduction Account Number (TAN), etc. with the Indian tax authorities.
Return of Income
D & M assists businesses in preparing an accurate Tax Return after proper analysis of the law and the judicial precedents, and by taking technically correct positions on contentious matters. Our holistic approach, backed by years of experience with the tax authorities, allows our clients to mitigate potential tax risks that could arise during Revenue Audit, and helps prevent surprises.
ICDS Impact Analysis and Implementation
D & M is among the front-runners in examining the Income Computation and Disclosure Standards (ICDS) in detail. We have a strong team dedicated to helping our clients ascertain the impact of ICDS on their tax matters, quantifying the impact and working with the management to arrive at strategic positions to be taken on each of the ICDS.
Place of Effective Management (POEM)
With our active exposure to international tax matters, we are well placed to ascertain the effect of POEM regulations on businesses at a group level by evaluating Indian regulations and comparing them with POEM regulations adopted globally.
Permanent Establishment (PE)
Our strong research base enables us to help our clients examine potential PE exposures in India. We have worked closely with our clients in building business models that mitigate the PE exposure. Where a PE is constituted, we provide holistic compliance services, including maintaining books of accounts and undertaking required compliances.
Limited Liability Partnership (LLP)
Based on our in-depth knowledge of the evolving role of LLPs and the tax benefits that accompany the LLP structure in India, we assess and recommend the possibility of moving operations of an existing Indian company to an Indian LLP in a commercially feasible and tax-efficient manner. We assist businesses in evaluating tax implications on LLP conversion, drafting LLP agreements and implementation services.
Tax Risk Management and Mitigation
We assist clients in managing their overall tax risks right from carrying out a tax health-check and preparing status reports to identifying and assessing tax risks, designing controls, and monitoring and evaluating them. We provide advisory, compliance and litigation support for domestic and international tax matters.
Appeals and Representation
D & M has gained great recognition in representing clients before the tax and regulatory authorities. Our in-depth knowledge of our clients’ businesses and the applicability of tax laws to all aspects of their business has enabled us to attain one of the highest success rates in litigation in India. We strive to resolve tax disputes at the Revenue Audit stage itself. We also assist our clients in achieving effective closure of tax matters with the tax authorities and in obtaining lower withholding tax certificates and tax refunds.
Advisory and Consultancy
While advising businesses, we maintain an unwavering focus on the business objective behind the transaction. This approach enables us to suggest the most practical solution. We also assist clients in implementing our suggestions.
Due Diligence
D & M’s expertise in tax due diligence enables our clients to smoothly undertake or be prepared for mergers, acquisitions, joint ventures or strategic divestments with complete peace of mind as we address the tax intricacies involved with due attention and caution.
Outbound Investment Structuring
We have assisted several Indian clients in their global expansion plans by advising them to structure their investments outside India from a business and tax-efficiency perspective.
Taxation services for Foreign Portfolio Investors (FPI)
With an in-depth understanding of the regulatory framework applicable to FPIs, we provide a complete bouquet of taxation services comprising advisory (including advising on structuring investments in India in a tax-efficient manner), day-to-day accounting of cash segment transactions, compliance services (tax returns and remittance certificates) and representation before tax and regulatory authorities.
Personnel Tax Structuring Including Expatriates
We assist in framing and developing optimum remuneration structures for local and expatriate employees, along with developing robust documentary and administrative safeguards including employee policies, based on the organisation’s needs.
Withholding Tax and Advance Tax
We assist clients in reviewing their withholding tax compliances at regular intervals and undertake withholding tax compliances. Our expertise in international tax law enables us to provide comprehensive solutions by examining tax treaties and related documentation. Our solutions provide a balance between the legal requirements and business realities to help businesses deal with contentious issues. We also support our clients in advance tax calculations to ensure that the advance tax paid neither significantly falls short nor exceeds the amount due.
Registrations for Charitable Institutions
We assist businesses in smoothly obtaining registrations for their charitable trusts and bodies from the Indian tax authorities. We conduct an upfront evaluation of the probability of considering a particular activity as a ‘charitable activity’ under the Indian tax laws and ultimately, obtain the registration from the tax authorities.
Corporate Social Responsibility (CSR) Compliances
We assist our clients in evaluating the tax aspects of alternative CSR spending avenues particularly in terms of setting up CSR trusts.
Foreign Account Tax Compliance Act (FATCA)/Common Reporting Standard (CRS) Services
Our specialised team provides integrated solutions on implementation, compliance and reporting requirements under FATCA and CRS Laws, including assistance with respect to entity classification and other allied services.
Offshore Tax
Besides being well equipped to handle Indian tax matters, we have built up capabilities in offshore tax as well. We can manage the tax returns of your expatriate workers in foreign countries. We can also handle Value Added Tax (VAT) compliances of all your subsidiaries across the globe. Through our international network partners, we can also provide you with offshore tax support in over 100 countries.
Indirect Tax
Implementation of GST is a breakthrough moment resulting in a much-needed overhaul of the indirect tax ecosystem in India.
The GST regime brings along with it a multiplicity of challenges which a business may face as:
- Keeping abreast with the continuous and rapid evolution of the law
- Exposure due to unexplored nuances in the law
- Heavy reliance on IT for invoice matching
- Intersection of other indirect tax laws such as Customs and Foreign Trade Policy with GST
- Vendor-customer dependency for ensuring compliances.
These challenges mean that businesses need to continuously adapt to changing circumstances to ensure compliance and prevent leakages.
At D & M, we take an integrated view of your business structure and supply chain and provide consulting services right from customs duties and IGST on imports to GST on domestic sourcing and export benefits.
The upcoming implementation of VAT in the countries of the Gulf Cooperation Council (GCC) is set to fundamentally change the way businesses operate in the region, with businesses facing a challenge to implement the first time introduction of VAT and being tax compliant.
With the changing indirect tax landscape in India and the Middle-East, our team of specialists is equipped to support you in realigning your business processes to implement changes to meet compliance requirements. Through our team of qualified and experienced professionals equipped to provide regular knowledge updates in a lucid style, you will be ideally positioned to understand the various options available to your organization while putting together your supply chain. This would help you minimize tax costs and risks while taking advantage of the available exemptions, abatements, credits and set-offs.
D & M offers the services of its expert Business Process Management team backed by specialist professional practice to handle the Compliances in Post GST regime.
Transfer Pricing
Formulate and implement a global transfer pricing policy
- Formulating and assisting in implementing an optimal transfer pricing policy, considering transfer pricing issues, international tax, exchange control, value added tax, service tax and regulatory issues
- Aligning transfer pricing with the client’s global business goals and objectives
- Developing transfer pricing strategies blending Indian and overseas tax requirements (global transfer pricing), with a special Asia-Pacific focus
Review existing transfer pricing policy
- Ensuring adherence to transfer pricing policy (Indian and global)
Assistance with respect to special transactions
Our services and expertise span over all areas of transactions, specifically:
- Inter-company financing (loan and guarantee pricing)
- Royalty and other payments for intangibles
- Cost contribution arrangement (CCA)
- Management fee and other intra-group transactions
Valuation
- Our experts assist clients in establishing fair valuations of businesses and/or intellectual property associated with business restructuring or mergers and acquisitions
Benchmarking support
- Benchmarking support by accessing Indian and global databases
Documentation
- Maintenance of robust documentation as per Indian and overseas jurisdiction requirements
- Assisting in compilation of “master file” and “country-specific” documentation
Certification
- Issuing Form 3CEB (CA/CPA Certificate) as required under Indian regulations encompassing international transactions as well as domestic transactions covered under transfer pricing
Competent authority negotiations, APA and litigation support
- Experienced in protecting clients' interests and defending the transfer pricing policy before the APA/competent authorities and even on-the-field tax authorities
Foreign Portfolio Investors (FPIs)
With an in-depth understanding of the tax and regulatory framework applicable to FPIs, the D & M FPI team provides a complete bouquet of taxation services to FPIs comprising of advisory services (including advise on structuring investments in India in a tax efficient manner), day-to-day accounting of transactions, compliance services (tax returns and remittance certificates) and representation before tax and regulatory authorities. We provide FPIs valuable support to not only remain tax compliant in India but also optimize their tax cost and post tax returns.
Our services:
- Advisory services
- Structuring FPI operations
- FPI registration
- Permanent Account Number (PAN) application
- Digital Signature Certificate (DSC) application
- Regulatory and accounting services
- Compliance services
- Computation of income and tax thereon and issue of remittance letter/certificate
- Tax return
- Representation services.
SERVICES
- Consulting Services
- Strategic Initiatives
- Operations Transformation
- Transaction Advisory
- Business Services
- Business Process Management
- Corporate Services
- Professional Services
- Taxation
- Assurance & Risk Advisory