REGISTER IT BUSINESS IN INDIA.

Looking to Register an IT Company in India?
We do It Simple, Fast & 100% Compliant

At VJM Global, we specialize in helping IT companies establish and scale their operations in India with complete legal, financial, and operational support. From choosing the right entry strategy—Liaison Office, Branch Office, Project Office, 100% Subsidiary, or GCC—to navigating complex regulations under FEMA, Companies Act, and Indian tax laws, we ensure a smooth, compliant, and efficient setup.

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IT Company Registration in India

As the global economic landscape continues to shift toward developing nations, India has emerged as a powerhouse of innovation, talent, and digital infrastructure. For IT companies looking to scale, tap into new markets, and optimize operational costs,
India presents a strategic advantage.

With a thriving ecosystem of over 1.3 billion people, a rapidly digitizing economy, and a skilled tech workforce, India is not just a market—it's a growth accelerator for global IT businesses.

However, entering the Indian market requires more than just ambition—it demands the right presence, structure, and guidance. Whether you're setting up a software development center, a back-office support unit, or a global capability center (GCC), your business structure can significantly impact compliance, costs, and long-term success.

Hear from our clients

Narcol private limited India & Solcast private limited Australia



VJM Global

VJM made the entire process smooth and transparent. Their quick responses and efficiency made everything hassle-free!



Revati Chaudhari, Founder

Serendi


VJM Global

As a global talent acquisition company, we needed a reliable partner to enter the Indian market. VJM Global provided end-to-end support, from company setup to accounting, making the process seamless!



Claus Peter Sommer, CEO

IT Company Registration for
Foreign Companies and IT Companies Founders

Branch Office

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A Branch office is an extension of a foreign company and for all legal purposes, it is treated as a foreign company in India. It does not have the status of a domestic company. A foreign company may establish its BO in India only after obtaining approvals from RBI and it can enter in business activity similar to the parent company. It is not permitted to undertake any manufacturing activity in the country except where the BO is set up in a special economic zone.

It is suitable when short-term or medium-term business presence is envisioned and debt funding is not required for Indian operations

Foreign Direct Investment Advisory

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The arrival of FDI in India has painted a colorful picture of driving economic growth and being a non-debt financial resource for the country. Investment from overseas companies helps India develop technological know-how and create jobs, and in return, the companies avail investment privileges such as tax breaks and comparatively lower salaries. The Indian government has recently taken various initiatives including easing of FDI regulations, supportive regulations, improved infrastructure and ease of doing business, vibrant business environment, and global competitiveness to drive foreign fund inflows into the country.

Private Limited Company in India

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Private Limited Company refers to a company that is not listed on a /stock exchange and the shares are held privately by the closed members. Financial liability and closed control are key benefits of forming a Private limited company in India.
> Boosts credibility of your business
> Scale the business
> Control over finances and investors
> Offers separate authorised entity
> Low capital requirements to establish the company; minimum paid-up capital requirement is up to INR 10,000 only
> Freely functionable into India and also entitled to benefits available to domestic companies such as Tax holidays, and subsidies.

Subsidiary of Foreign Company in India

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A Certain jobs or projects require large investments or involve high risks or sometimes also require multi-skills. An individual or a small firm may not be able to carry out this stand-alone project. Thus two or more individual or small firms fulfilling requisite skills and resources come together and form a temporary partnership. This temporary arrangement is called a joint venture. A memorandum of an undertaking is formed between the parties for this joint venture.

Liaison Office

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A Liaison office operates as a representative office. Setting up a liaison office in India is the initial stage of exploring and understanding the business and investment type of the country.

A Liaison Office can take part in liaison activities like building communication between parties in India and the Head Office in foreign countries.

Project Office

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Project Office refers to a place of business for a foreign company executing a project in India. The presence and activities of the PO are restricted to a particular project for which it is established. On the completion of the project, the PO has to be closed.

To set up a business presence in India for a limited pre-defined time period to execute a specific projects

500+
IT COMPANIES REGISTERED
10+
YEARS EXPERIENCE
100+
SATISFACTION
97+
RECOMMENDED US

Services and Support
for Post IT Company Registration in India


Know more about our complete portfolio of services for IT companies in India

Transfer Pricing

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Transfer pricing is all about determining the nature, treatment and taxability of intra-group transactions across several geographies. The transaction is put to test by the determination of arm’s length price of the transaction as per the prescribed transfer pricing methodologies.

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FEMA Advisior

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If you are looking for a trustworthy partner or a reliable FEMA advisor, we will be the right fit for you. We keep a world-class pool of professional FEMA consultants to provide you with a complete solution, covering almost all areas of FEMA, bookkeeping and accounting tasks, GST returns etc.

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Taxation of Expatriates

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We are the market leaders to deliver a higher-quality accounting and reporting solution to our clients more quickly and efficiently in an environment of technological change, digital demonstration, cloud computing, online bookkeeping and GST filing, and increased regulatory changes and scrutinizes.

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Setup IT Business in India

Why Choose Us?

It all starts with a single first step.

At VJM Global, we specialize in helping IT companies establish and scale their operations in India with complete legal, financial, and operational support. From choosing the right entry strategy—Liaison Office, Branch Office, Project Office, 100% Subsidiary, or GCC—to navigating complex regulations under FEMA, Companies Act, and Indian tax laws, we ensure a smooth, compliant, and efficient setup.

Ready to Discuss?
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All queries are replied to within 1 business day
1

Deep Industry Expertise

With over a decade of experience in assisting global ITcompanies set up in India, our team understands the unique regulatory,cultural, and operational dynamics of the Indian IT ecosystem.

2

End-to-End Support

From entity incorporation to post-setup support like HR,finance, and compliance, we act as your single-window partner for smooth entryand sustained growth in India.

3

Trusted by Global Clients

We’ve worked with software companies, SaaS startups, BPOs,and global capability centers (GCCs) from the US, UK, Europe, Singapore, andbeyond.

4

Tech-Enabled Operations

Our robust tech stack ensures seamless communication,real-time updates, and integrated workflows with your HQ teams.

5

Compliance First Approach

We specialize in Indian laws like FEMA, transfer pricing,and tax structures specific to IT and export-oriented businesses, ensuring fullcompliance without disruption.

What our clients have to say!

Highly recommended!

Over the course of our incorporation process, VJM Global team was extremely supportive and efficient in their communication. Their on-ground experience and expertise helped us successfully navigate a range of unique obstacles. Highly recommend!

MS. NICOLE RUTH ALVA
CEO, BOLDERS CONSULTING GROUPS
Highly recommended!

“We have been clients of VJM Global for a few years now and have built up a great relationship with them. They are very professional but approachable and always willing to listen and provide valuable advice when needed. Their knowledge of financial and accounting matters is exceptional, and I really appreciate their responsiveness to any questions or queries we have. A large part of any working relationship comes down to personalities and we’ve always found the VJM Global friendly and trust them to do the best for our business”

MR. ANUJ JAIN
CEO, BERKMAN FORWARDING, NETHERLAND BASED
Through Professionals & Highly Skilled

We are a Netherlands-based IT company and hired VJM Global to assist us in setting up and managing our Indian subsidiary. Our decision to select VJM Global turned out to be the right one. The VJM Global team took care of all aspects from preparing the kick-off plan to obtaining approval from all respective authorities in a very structured, timely, and professional manner.

 MR. MAURICE BOLDERS
CEO, BOLDERS CONSULTING GROUPS
High Professionalism

We express our great gratitude to VJM team for the services provided! They are professionals in their field! They quickly help with the solution of any legal issues.

MS. OLGA OLENBERG
INDRIVER - CYPRUS BASED

Frequently Asked Questions

Can a virtual address be used to register a Company in India? If yes, what is the procedure to do it? Is this service available in your company?

A virtual office provides business an address for communication purpose such as mailing address, phone answering services, meeting rooms,and videoconferencing.Employees of such companies generally works from home or work from different location.Company registration does not require that all employees or some of the employees should work physically at registered office. Therefore, virtual address can be used for company incorporation. However, documents for proof of address must be proper such as ownership deed, rent agreement, electricity bill etc.

If you are an NRI and looking for some virtual address in India then VJM Global can make things easy for you and can help you find virtual office in India.

How much does it cost to rent a phone number in India?

In theory, you can apply for a phone number in the name of a company once it has been registered. VJM Global can enable you to do so at a reasonable cost.

Do we have to pay any yearly government fees?

Yes, generally all forms required to be filed with RoC come with a government fee. Amount of fee depends on authorised and paid-up share capital of the company. Further, such government fees enhance substantially in case of delay in filing.

How much time does the company incorporation process take? Does time vary for different entities such as Partnership, Public Limited, Private Limited etc.

The process of company incorporation takes around 20 to 60 working days subject to timely availability of documents and timely approval by the government and other legal authorities. Considerably, the average time for company incorporation is around 30 days.

Yes, time of registration depends upon the entity to be formed.

How long does the whole process of registering a company in India take?

The process of Company registration takes somewhere around 30-60 days subject to Ministry’s approval.

S. No.ServicesTime Lines
1Incorporation of company in India with below activities:
1. Digital signatory certificate (DSC)
2. Director Identification Number (DIN)
3. Name Approval
4. Memorandum of Association (MOA)
5. Article of association (AOA)
6. Filing Incorporation forms and related activities

20 to 30 days subject to availability of documents
2Assistance in opening a Bank account in the bank of your choiceOpening bank account may take 15 to 20 days
3a. GST Registration
b. PF/ESIC registrations
c. IEC Code
10-15 days for all registrations
4FEMA compliance after company incorporation10-15 days for all registrations
Which documents are mandatory for submission to regulatory agencies? What would be the submission cycle? Can these documents be submitted online?

Team VJM will provide frequent guidance on the numerous Statements and Filings that must be made to various regulatory agencies from time to time. As previously indicated, our retainer ship packages will handle all compliances so you may concentrate on your main business operations. Documents needs to be submit with government authority will be obtained from by our team as and when applicable.

What are the charges for opening a bank account in India? Is it mandatory for director/shareholder to visit there personally?

Assistance in opening a bank account is included in all of our packages. We at VJM Global, constantly communicate with bankers on your behalf and give them the information they require. There are no requirements to visit the India for the purpose of opening a bank accounts in India.

Does bank account opening requires the physical presence of a legal representative?

No, the legal representative need not be present to open an bank account in India.

Do you also offer trademark and application services for India?

Indeed, at VJM Global, we have a dedicated group of lawyers who handle trademark applications. Under the Madrid Protocol, we also register trademarks internationally.

How long does it take to get an import or export license? How long is the period of validity for it?

The import and export licenses typically arrive in 3–4 working days subject to availability of documents. Further, as per existing norms, Import and Export code is valid for lifetime. However, any change in particulars furnished at the time of obtaining license should be informed to the department within reasonable time

What does VJM’s secretary services entail?

A secretarial compliance package that we offer at VJM Global would meet all of your needs. We will provide a service of filing of all applicable forms with RoC, preparation of documents for submission purpose etc.

What is considered to be an Indian company’s fiscal year?

The fiscal year for Indian companies runs from 1 April to 31 March.

Do your business offer accounting and payroll services? What will the price be?

Yes, VJM Global offers accounting and payroll services, and the availability of each depends on the number of employees and turnover, respectively. We offer a wide range of services, which are bundled into a retainership package, including accounting, payroll, compliances, return filing, audits, and transfer pricing. Depending on your projected sales in India, the number of people you need to hire, and the monthly payroll costs, we’d be delighted to provide inclusions and rates for the same. However, you can contact VJM Global Team at info@vjmglobal.com for additional details.

What would the Indian company’s operating costs be in the future?

Cost to run a business completely depends upon the nature of business, turnover of the business and various other factors. For company incorporation cost and other related cost, feel free to get in touch with us.

What all documents are required for opening the bank account?

Generally documents related to KYC of Company, directors and address related documents are required for opening a bank account in India.                                                                                                                                            Company documents that may be required for opening a bank account are:

  1. Certificate of Incorporation
  2. MOA, AOA, and
  3. PAN card
  4. Board resolution to authorise any of the director etc.
Can a NRI open a sole proprietorship concern in India?

In an Indian firm, a non-Indian can serve as a director and shareholder, but they cannot have the sole position. At least one director of the company must be an Indian citizen. Multiple corporations may be registered at once by the same person. Further a NRI can also open One person company in India.

Can a Foreigner set up a partnership Firm/Proprietor-ship concern in India?

Only NRIs/ OCIs are allowed to invest in partnership/ proprietorship concerns in India on non-repatriation basis.

Is it possible to register various companies at one time by single proprietor?

Yes, a person can become a director in more than one company or LLP at the same time. Further, a person can become a shareholder in more than one company.

If the parent Company is a proprietary company, will there be any risk to the future operation of the new company?

No, even if the parent company is a proprietary company, there would be no risk to the new company’s operations in the future. To assist you in the registration of the company in India, VJM Global team would need the charter documents of the parent company. The charter documents include the registration certificate, the bylaws, and the memorandum of association.

Can we change a Indian entity type after registration in the future, e.g., Firm to Company, Private Company to Public Company, etc.?

Conversion from one form of company to another is permitted in following manner:

  1. Private Limited Company to Public Limited Company and vice-versa: A Private Limited company can be converted to public limited company and vice-versa provided the same is permitted in MOA and procedure specified under Companies Act, 2013 is complied. However, PAN and other registration certificates of the company will remain same only status of company from private limited to public limited will get updated.
  2. Partnership Firm to Private limited Company: Option to convert a Partnership firm to company is available but this process includes transfer of business from firm to Company. Newly formed company will be a new business entity having separate PAN, GST registration and other registration. Partnership firms will come to an end whose PAN and other registration will be required to be surrendered.

What are the advantages of setting up a Company in India?

Forming a company, whether private limited or public limited, is having following advantages:

  1. Separate Legal Entity: Unlike sole proprietorships and partnership businesses, private and public limited companies are separate legal entities from their owners. Company can own property, incur debt, borrow money, establish a bank account, enter into agreements and contracts, sue and be sued in its own name.
  2. Limited Liability: Members’ liability in a private limited corporation is constrained to the number of shares held by the members. Therefore, if the company experiences financial trouble for any reason, the members’ personal assets won’t be used to settle the company’s debts because their liability is constrained.
  3. Perpetual Succession: Private companies have “perpetual succession,” which is continued existence up until their legal dissolution. Therefore, death or addmission of any of the members or directors of the company does not affect the existence of the company.
  4. In private corporations, the owners who own the business are in charge of management and control. While the owners retain the majority of the power, the members do have a voice.
  5. A private corporation is permitted to lend money to the company’s director and can easily compensate its directors or management, and team members. However, lending to the directors can be done subject to provisions of Companies Act, 2013.
  6. According to the Ministry of Corporate Affairs, private enterprises have been given a variety of exemptions from compliance requirements. Compared to public limited corporations, there are fewer compliances and restrictions.
Can a Foreigner set up a company in India?

Yes, subject to compliance with provisions of the Companies Act, 2013, Foreign Exchange Management Act (FEMA) 1999, Reserve Bank of India (RBI) Regulations, and Foreign Direct Investment (FDI) Policy, a foreigner can set up a public or private limited company in India. However, there must be at least one resident director on the board of a company owned by an NRI.

Also, with effect from 01.04.2021, an NRI can open a one person Company in India.

*Resident director is defined as a person who stays in India for a total period of not less than one hundred and twenty days during the immediately preceding Financial year.

What is the registered capital and whether the government will verify capital or not?

For the purpose of Company incorporation, 2 types of capital are mentioned generally, i.e., Authorised Share capital (Maximum Amount of capital than can be raised by company from shareholders) and issued & paid-up share capital (share capital actually subscribed by members). Therefore, paid up share capital is the investment made in company.

In case of company capital investment by NRI, FDI policy will come into picture and therefore, the government will verify the registered capital. Therefore, following incorporation, you must deposit the registered share capital amount into the company’s bank account by specified due date.

Can a non-resident Indian act as the only shareholder or director for an Indian company? Can one person simultaneously register many businesses?

In an Indian firm, a non-resident Indian can serve as a director and shareholder. However, they cannot have the sole position. At least one director of the company must be an Indian resident.

Further, a non-resident Indian can become director or shareholder in more than one company simultaneously.

Is there a public website where we can look up company information? What data will be displayed on the website?

After a company is incorporated, you can check for its details on a government website run by the Ministry of Corporate Affairs in India. Basic information about the company is available for checking by any person without payment of any charges. Information provided on mca portal is Company’s identification number (CIN), authorised capital, paid up capital, date of incorporation, registered office address, information about the directors, and annual filing status etc.

Further, all forms and documents filed by the company with RoC can be accessed by any person on payment of nominal fees on MCA portal.

Are there any differences between pure foreign companies and domestic companies?

Both the companies have different status and different treatment under Income Tax Act and Companies Act.

Domestic Companies are those which are incorporated under Companies Act, 2013 or earlier companies act. Domestic companies have status of resident in India and they are eligible to carry out all operations in India. Further, Domestic Companies are entitled to different tax holidays, concessional rate of taxes in India.

On the contrary, as per Section 2(23A) of Companies Act, foreign companies are those companies which are registered outside India in any other foreign country. Foreign companies can mark their presence in India through setting up LO/BO/PO and it can function under complete supervision of RBI. Further, foreign companies are liable to Income tax at a higher rate.

What are the advantages of starting a business in India for a foreigner?

India is a lucrative option for foreign firms to initiate a business as the Indian government has business-friendly laws supporting foreign firms as well attractive foreign policies and a skilled workforce making India the 6th fastest growing economy in the world.

Following are the additional benefits:
1. Comprehensive Tax system
2. Low operational cost
3. Indian financial system
4. Vast Trade Network
5. Governmental Initiatives
6. Start-up India Movement

Is “Overseas Citizen of India” i.e. OCI Holder permitted to do business in India?

Overseas Citizen of India (OCI) is a more privileged form of NRI. Any of the following person is eligible to OCI:

  1. who was eligible to become citizen of India on 26.01.1950; or
  2. Who was a citizen of India on or at anytime after 26.01.1950; or
  3. Who belonged to a territory that became part of India after 15.08.1947; or
  4. Minor children of persons who are eligible for OCI.

5. OCIs are entitled to a multipurpose, multiple entry, lifelong visa allowing them to visit India at any time, for any length of time and for any purpose.

Further, Answer to the question that whether OCI is permitted to do business in India is Yes. An OCI holder can establish a business in India subject to conformity with the terms of the Foreign Exchange Management Act (FEMA), 1999, Reserve Bank of India (RBI) Regulations, and Foreign Direct Investment (FDI) Policy.

OCIs may participate in partnership or sole proprietorship businesses in India in addition to the aforementioned options on a non-repatriation basis.

Is a residency visa required for a foreigner or non-resident to start a business in India? What sort of paperwork is required if the answer is no?

A Non-resident Indian may commence a business by forming a Company or partnership form or proprietorship concern in India subject to conditions specified by RBI. A non-resident Indian or a foreigner does not require a residency visa to start a business in India.

However, to become director in an Indian Company or partners in partnership concern, the following documents are required:

  • Photograph
  • Application for Apostilled Digital Signature (You can get it From VJM global)
  • All foreign directors’ passports should be apostilled.
  • A certified copy of your address (Telephone, Electricity Bill, latest Bank Statement)
  • Apostilled driving license copy

What are the formalities/requirements to set up a business in India?

Entrepreneurs who are planning to enter into the Indian market should ensure compliance with all the legal obligations of the prospective country. A person looking to enter into Indian market is suggested to follow below points to ensure legit setup in India:

  1. Identify purpose of set-up in India. A foreign entity may enter into India to make investment in the Indian market or to have a temporary presence in India to promote its business. Manner of setting up in India depends upon the purpose of set-up.
  1. Check FDI Permissibility in India: Once the purpose of presence is identified, the next step is to check whether such presence is permitted in India or not. E.g. If a foreign company is proposing to make FDI in a sector which requires prior approval of the government or which is prohibited or where partial FDI is permitted.
  1. Decide form of Business structure to be set-up: Once purpose of set-up and permissibility is identified, Foreign entity can take decision that how it need to mark its presence in India such as Liaison Office, Branch Office, Wholly Owned Subsidiary, Joint Venture, LLP etc.
  1. Proceed with Government approval and business set-up process: Once foreign entities identify a form of proposed unit in India, the very next step is to begin with completing legal formalities for setting up such business in India. Foreign entity may need to complete following formalities:
    • Obtaining Government approval, if required: If foreign entity is planning to enter into a sector which requires prior approval of the government, then foreign entity is required to obtain prior approval of the government.
    • Set-up Business entity: Once government approval is received for setting up business, Next step is setting up a business entity. This setup may involved incorporation of company, Forming Partnership firm, set-up LO/BO/PO in India.
    • Obtain registrations: Once a business entity is set-up, it requires multiple registration to function smoothly such as GST, PAN/TAN, Shops & Establishment, professional tax, EPF/ESI Registrations etc.
  1. Once the registered entity in India obtains all applicable registration, it may simply commence with business operations in India.
Is there any limitation or requirement for the company name?

There is a clear preference given for using a similar name as the parent company but in case a similar name can not be acquired then the name has to be unique and not similar to any other registered company. A name similar to or nearly resembles to any existing company’s name, LLP’s name or registered trademarks gets rejected by RoC.

Therefore, generally form RUN (Reserve Unique Name) is filed before initiating the incorporation process to reserve the desired name.

How much registered capital would be required? Is it possible to inject capital into small installments?

For the purpose of incorporation of the company, investors need to inject a minimum initial share capital of INR 10,000 in case of private company and INR 5,00,000 in case of public company at. For the private limited companies, the minimum of INR. 1,00,000 is recommended.

Rest capital amount can be injected as and when required. Amount required can be invested into business in the form of share capital, i.e., by issuing additional shares of the company or it can be invested in form of loan, i.e., this amount is required repaid after decided periods of time.

We are a business that operates outside of India. Can we launch a company in India and keep all of the equity?

Yes, foreign entities are allowed to open a company in India holding 100% of equity share capital of the Indian Company. Such Indian companies are known as wholly owned subsidiary,

Please note that 100% investment can be made only in sectors where 100% FDI is allowed. Sectors in which 100% FDI is allowed under automatic route, foreign entity may hold 100% equity shares without obtaining any prior approval. Further, where 100% FDI is allowed subject to government approval, foreign entity is first required to obtain government approval.

Is it allowed to not allot any shares to the Indian resident director?

A foreign company can retain 100% shares hence, yes it is fine to not allow any shares to your Indian resident director.

Are there any limits on the transfer of foreign currency between nations?

Yes, there are foreign exchange limits on transfers between nations. Any money transfers are subject to FEMA regulations and various income tax regulations such as TDS.

What are the sources of international investment?

An Indian entity can collect international investment by following methods:

  1. Issuance of Capital Instruments: Under the Companies Act of 2013, a company may issue capital instruments (such as equity shares, debentures, preference shares, and share warrants) to foreign investors and obtain foreign financing. Start-up companies can issue equity or equity linked instruments or debt instruments against receipt of foreign remittance. In addition, Start ups can issue convertible notes to persons resident outside India.
  2. External commercial borrowings: External Commercial Borrowings are commercial loans raised by eligible resident entities from recognised non-resident entities. ECD should adhere to guidelines of minimum maturity, permissible and prohibited end uses, maximum all-in-cost ceiling, etc.

What are the routes of investment in Indian Business by foreign entities?

A foreign entity have following investment route in India:

  1. Automatic Route: Automatic route means the entry route through which investment by a person resident outside India does not require the prior approval of the Reserve Bank of India or the Central Government. Government has specified category of industries covered under the Automatic route.
  2. Government Route: ‘Government Route’ means the entry route wherein investment by a person resident outside India requires prior Government approval. Foreign investment received under this route shall be in accordance with the conditions stipulated by the Government in its approval.
  3. Automatic Route + Government Rote: This is a hybrid route of investment. Sectors covered under this route do not require any approval to a specified % of investment. E.g. In the air Transport services sector, FDI upto 49% is covered under automatic route. However, Investment made beyond 49% requires prior approval of the government.

What is the corporate income tax rate for an Indian-registered business?

In India, domestic companies are liable to pay income tax at rate between 15% to 25% depending upon terms and conditions defined under Income Tax Act. Such as, Companies with turnover or gross receipts exceeding INR 400 Crores are liable to pay income tax @ 25%. Similarly, the government has recently announced a reduction in corporation taxes to 15% for new businesses.

Do we need to register for GST? What are the conditions for compulsory registration of tax numbers?

In general, business with aggregate turnover exceeding following threshold limit are required to obtain GST registration:

  1. Aggregate turnover exceeds INR 40 lacs, in case of supply of goods, or
  2. Aggregate turnover exceeds INR 20 Lacs (All India basis), in case of supply of services.

However, in various situation GST registration is required from day 1 irrespective of aggregate turnover such as Import/Export of goods or services, GST payable under Reverse Charge, Inter-state supply of goods etc.

What would be the company’s VAT when registered in India?

VAT is an old concept in India and the same was subsumed by Goods and Service Tax (GST) with effect from 1st July, 2017. Therefore, now no VAT registration is required. However, covered entities are required to obtain GST registration.

Please note that there are some industries which are still covered under VAT and required VAT registration such as Petroleum products, natural gas etc.

I would like to know what taxes are primarily involved as most of our customers prefer trading companies?

Generally, a trading company is liable to pay Goods and Service Tax on sale and purchase of goods or services and Income tax on profit earned from the business.

GST is charged between 0% to 28% depending upon category of the goods and service. Further, the company will be entitled to claim credit of GST paid on purchases and services procured.

Are businesses in India subject to a significant amount of taxes?

No. As compared to countries like US and UK the taxes in India are very less. Profit earned in India from business is subject to direct tax, i.e., Income Tax. Further, companies are also liable to pay indirect taxes such as GST, Custom duty, Professional tax etc.

What are the tax slabs for LLP and partnership?

For FY 2022-23, LLPs (Limited Liability Partnerships) and partnership firms are subject to 25% tax rate (AY 2023-24). Further, If the net income exceeds INR 1 crore, a surcharge of 12% of taxable income will apply. However, there will be some minimal alleviation for the surcharge (where income exceeds INR 1 crore, the total amount payable as income tax and surcharge shall not exceed the total amount payable as income tax on total income of INR 1 crore by more than the amount of income that exceeds INR 1 crore). In addition to the surcharge, the Health and Education Cess will be 4% of income tax.

How can we obtain the desired name of the company at the time of incorporation in India?

A private limited company’s name must include the phrase “private limited.” The proposed company name must adhere to conditions specified under Companies Act 2013.

What is the most suitable legal structure for an IT company in India—subsidiary, LLP, or branch office?

The Private Limited Company (wholly owned subsidiary) is the most preferred structure for IT companies due to

  • Full operational flexibilit
  • 100% foreign ownership allowed
  • Ease of revenue generation and intercompany billing
    LLPs and branch offices have restrictions under FDI and tax laws, making them less ideal for scalable IT operations.
Can we own 100% of the Indian IT company as a foreign parent entity?

Yes. The IT and software development sector falls under the automaticroute of Foreign Direct Investment (FDI), allowing 100% foreignownership without prior government approval.

How do we structure intercompany billing and transfer pricing between the Indian entity and our global HQ?

All intercompany transactions must comply with TransferPricing regulations. This includes

  • Maintaining arm’s length pricing for services
  • Preparingdocumentation (local file and master file)
  • Filing Form 3CEB with Indian tax authorities
    We assist in setting up compliant billing models like cost-plus or fixed-fee structures.
Is it mandatory to register under STPI or SEZ for exporting IT services?

No, it’s not mandatory. However

  • STPI registration allows duty-free import of hardware and other export incentives.
  • SEZ registration offers taxholidays, subject to conditions.These are optional but beneficial for larger IT exporters or GCCs.
What are the payroll and employee compliance requirements specific to tech teams in India?

Key requirements include:

  • EPF (Provident Fund), ESI, and Professional Tax registration
  • Statutory payroll deductions (TDS)
  • Offer letters and compliant employment agreements
  • Labour law complianceunder the Shops & Establishment ActWe provide end-to-end payroll and HR compliance support.
Can we retain and protect our intellectual property (IP) when development is done from India?

Yes. You can:

  • Own and transfer IP to the parent company through intercompany agreements
  • Register trademarks and copyrights locally
  • Use well-draftedemployment and vendor contracts with IP protection, NDA, and non-competeclauses
What are the rules for repatriating profits and handling cross-border fund transfers from the Indian entity?

Profits can be repatriated as:

  • Dividends after applicable taxes
  • Service fees for intercompanybilling under a compliant transfer pricing modelRBI reporting (like Form 15CA/CB and annual FLA return) must be followed.
What incentives or tax benefits are available to IT/ITES companies or GCCs in India?

Available incentives include:

  • Zero-rated GST on export of services
  • State subsidies for hiring, infrastructure, and training in IT parks
  • SEZ/STPI benefits (for eligible companies)
  • Reduced corporate taxrates under Section 115BAA
Which Indian cities offer the best ecosystem for setting up a tech development center or GCC?

Top cities include:

  • Bangalore – Premier IT hub with abundant talent
  • Hyderabad – Lower cost, high-quality infra, strong GCC ecosystem
  • Pune – Engineering talent, mid-sized setups
  • Gurgaon/Noida – Proximity to NewDelhi, ideal for BPOs and HQ presence
How long does it take to fully set up and operationalize an IT entity, including banking, recruitment, and compliance?

Timeline breakdown:

  • Company Incorporation – 7 to 10 working days
  • Bank Account Opening – 1–2 weeks post-registration
  • Tax & Payroll Setup – Concurrently within 2–3 weeks
  • Fully Operational(Hiring, Billing, Compliance) – Typically 30–45 days
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