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Direct Tax

India’s taxation system is perceived to be the most complex globally. With the direct taxation laws in India constantly amending to reflect the changes in the economy and policy of the government, handling tax function in most companies can be challenging. There are number of additional restrictions on domestic as well as international transaction between companies. It becomes imperative to manage the tax in order meet the deadlines of income tax compliances.

Recognised among best tax advisors in India, AKM Global can advise you on all direct tax-related matters and offer you services like income tax assessment, tax assessment, income tax notice, income tax filling in India, with innovative tax efficient strategies, identifying the tax risks associated with your business and evaluating them in order to execute effective controls in time. With a myopic vision for the development of client businesses, we can collaborate with you in each exercise to deliver productive results.

Direct Tax

Corporate Tax

  • Income Tax Planning and Management,
  • Assistance in quarter-wise advance tax computations,
  • Assistance in filing corporate tax returns ,
  • Opinions on various transactions from domestic law to double taxation treaty viewpoint

Litigation

  • Representation Services for Assessments before Income-tax officers,
  • Assistance in drafting and presenting applications to the revenue authority,
  • Income tax Appeal Proceedings before CIT(A) as well as Income Tax Appellate Tribunal (ITAT)
  • Helping in representation for pending tax refunds
  • Providing follow-up with revenue authorities
  • Representing clients in Search & Seizure Proceedings

Withholding Tax

  • Helping in filing withholding tax returns
  • Helping on compliance aspects such as tax registration, assistance in obtaining lower withholding tax certificate, etc.
  • Advising & reviewing of all necessary tax withholding compliances.
  • Verification of all payments to vendors for estimating application of rates and determine categories for deduction of withholding taxes
  • Advising on every financial subject that is of interest to the clients
  • Managing vendors/employees for issuance of withholding forms preparation & filling of Quarterly E-TDS Returns and annual returns

Certification Work

  • Issuance of 15CA and 15CB certificate for remittance to Non-resident/Foreign Entities under section 195 of the Income-tax Act, 1961
  • Issuance of Certification for repatriation of fund upto USD 1 million of balances in NRO accounts/of sale proceeds of assets up to USD 1 million, of balances in NRO accounts/of sale proceeds of assets on production of an undertaking
  • Issuing Certificates under the Income Tax Act i.e., u/s 80IA/80IB/10 A/10B & other certificates to claim deduction.

Transaction Advisory Services

  • Assistance in structuring/restructuring of transactions,
  • Solutions for complex transactions or business arrangements. Our services include solutions for , including advice on business reorganization which includees acquisitions, mergers, etc.

Income Tax Filing and Returns

  • Preparation of computation of income & filing of income tax returns of various HNI assessee and other HUFs, Partnership Firms and Companies.
  • Advisory on Taxation of Employees sent on secondment basis.
  • Processing and coordinating department related to Income tax refunds
  • On call Business advisory in regard of taxation issues.

Form-10F

Foreign Corporations/entities/individuals working for Indian businesses are subject to withholding tax on several payments. Determination of the actual withholding is based upon several factors like the nature of services, the rate of tax provided under the Indian Income-tax Act, 1961 for such services and the tax rate provided under the Double Taxation Avoidance Agreement (DTAA) between India and the country of residence. In several scenarios, the DTAA may provide a lower tax rate or no taxability at all but to avail these relaxations, the persons would be required to furnish a Tax Residency Certificate which is to be accompanied by a Form 10F which is required to be filed online.

Filing of Form-10F

Purpose of Form 10F:

  • Non-resident persons (including Foreign Companies) have an option to claim benefit to avoid the double taxation under the Double Taxation Avoidance Agreement (DTAA) entered into by India with their home country in respect of income which is earned in India.
  • In India, for availing this benefit, the non-resident person needs to furnish the Tax Residency Certificate (TRC) to claim this benefit under the DTAA instead which is to be accompanied with Form 10-F which is required to be filed online.
  • TRC acts as a proof for the Indian Income Tax Authorities in respect of residency country of the non-resident person. It is mandatory by non-resident person to obtain TRC from their respective home countries.  

Applicability Check:

  • Electronic filing of form-10F [With PAN]-

    The electronic filing of Form 10F is mandatory. Generally, the non-resident persons are required to do tax filing in India to report the incomes on which the benefit of DTAA is availed and consequently will need to obtain PAN (Permanent Account Number i.e. the Tax Identification Number in India). The login created on the tax portal for the purpose (https://www.incometax.gov.in/iec/foportal/) can be used to file Form 10F as well.

  • Electronic filing of form-10F [Without PAN]-

    Non-resident persons who are not required to obtain PAN or haven’t obtained it yet, can file form 10F from the same tax portal (https://www.incometax.gov.in/iec/foportal/) without creating a login. Some basic details and documents would be needed to file the same.

  • Details required to file form 10F-
    • Status of taxpayer (company, individual, etc……)
    • Nationality of the taxpayer.
    • Tax identification Number (TIN) of the taxpayer of its residence country.
    • Address of the taxpayer of its residence country.
    • Residential period along with copy of TRC of the taxpayer of its residence country.

Assistance In Filing:

The payers in India would insist for TRC and Form 10F before remitting the consideration of goods and services availed from the non-resident persons. Our team of professionals has helped several foreign individual and entities in obtaining the same.