BNB India

  • info@bnbindia.co
  • +91-11-41635599, 41835599

International Tax

International Tax

Our professional team consists of technical and industry experts, senior resources with experience in dealing with the tax authorities and highly skilled professionals with exposure to international taxation. We assist entities in complying with the transfer pricing compliance requirements, which would entail conducting a transfer pricing benchmarking, transfer pricing policy analysis, filing of Form 3CEB, preparation of local TP documentation and assisting with transfer pricing audit and other related advisory services.

Transfer Pricing

Indian tax laws require an annual assessment of whether companies with overseas group entities meet the “arm’s length” requirement in their transactions (sales, purchases, services being provided, loans, management fee, royalty payments). Regulations require both a detailed (TP) study by the company and a TP audit report by an external auditor.

We assist clients in following services:

  • Assistance in framing adequate arm’s length policy and compiling documentation in alignment with global transfer pricing approach that meet recommendations under BEPS Action Plans too.
  • Conducting benchmarking analysis for determination of the arm’s length nature of the transfer pricing arrangements of the Group.

Drafting/ Reviewing inter-company agreements

Assistance in drafting and reviewing the inter-company agreements that helps clients in meeting the overall objective of the Group and to align the agreements from direct tax, indirect tax and regulatory perspective.

Transfer pricing compliance

  • Assistance in maintaining contemporaneous transfer pricing documentation based on the rules and regulations provided under the Indian transfer pricing regime.
  • Issuance of Accountant’s report in Form No. 3CEB
  • Assistance in preparing master file and Country-by-Country Report (“CbCR”) based on the Indian transfer pricing regulations and BEPS Action Plan 13.

Managing Transfer Pricing Controversy

  • Support in preparation of sound tax litigation strategy and its implementation.
  • Representation before the Transfer Pricing Officer (“TPO”), Assessing Officer (“AO”), Commissioner Appeals (“CIT(A)”), Dispute Resolution Panel (“DRP”), Appellate tribunals.
  • Tax briefings and providing external support to counsels for representation in front of high-level litigation authorities.
  • Assistance in obtaining Advance Pricing Agreements (“APA”) and helping with tax rulings.
  • Assistance in Mutual Agreement Procedure (“MAP”).
  • Assistance in understanding and implementing Safe Harbour Rules.

Regional benchmarking

  • Assistance in conducting benchmarking analysis, as required under local country documentation requirements using international databases such as OneSource and Orbis.
  • Providing regional benchmarks for royalty, commission rates, etc. using RoyaltyStat database.
  • Assistance in determination of arm’s length margin using international databases for the companies operating in African region, Asia-Pacific region, American region, European region.

Transfer pricing advisory services

  • Evaluating existing compensation model and comment from an arm’s length perspective.
  • Assistance in devising transfer pricing policy that meets business objectives as well as arm’s length criteria.
  • Review of the existing transfer pricing policy in order to analyse potential risks and to align it with local country-specific requirements.
  • Mitigation of potential TP risks for the group.

Advisory services

  • Advising new structure/ alternate operating models and assistance in development of a sound business strategy.
  • Structuring management fee payments, royalty payments, inter-company financing arrangements.
  • Assistance in preparing profit attribution studies.
  • Advise on International tax treaties entered into by India and related tax planning.
  • Advise on BEPS Action Plans and the multi-lateral instrument entered in to by India.
  • Analysis of the various vehicles available for the Indian setup in terms of a limited liability company (LLC), limited liability partnership (LLP) and branch office/ project office.
  • Review of the potential tax risks and compliances associated with the set-up of an online business in India (including PE implications and reviewing arrangement in light of BEPS Action Plans).
 

React us at:

Head Office
81, Hemkunt Colony
Opp Nehru Place
New Delhi – 110048

Phone: +91-11-41635599, 41835599
EMail : info@bnbindia.co