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FOR COMPANIES AND INDIVIDUALS OPERATING ACROSS BORDERS
Cross-Border Tax & Structuring.
Double Taxation Avoidance Agreement analysis across 90+ tax treaties, Form 15CA and 15CB certification, Outward Direct Investment structuring, PFIC and GILTI analysis for US persons, Section 195 TDS across global corridors.
01 · What we do
Cross-border tax advisory, treaty positions & structuring
We establish the correct, defensible tax treatment for every payment, asset and transaction that crosses India's borders — and document it to survive scrutiny. India has tax treaties (DTAAs) with 90+ countries, and the right answer usually turns on how domestic law interacts with the applicable treaty article.
What we handle
- DTAA & treaty positions — residency, permanent establishment, royalties, fees for technical services, capital gains, and the lower-of-treaty-or-domestic rate.
- Form 15CA / 15CB certification for foreign remittances, coordinated with your authorised-dealer bank.
- Withholding on foreign payments — TDS under the Income-tax Act, 2025 (erstwhile Section 195 of the 1961 Act), Form 27Q and Form 16A.
- Outward Direct Investment (ODI) under FEMA (OI) Rules 2022 — Form FC, Annual Performance Report, FLA and exit.
- US-person exposure — PFIC, GILTI / Subpart F, FBAR and Forms 8938 / 5471, coordinated with your US CPA.
- GAAR & substance — position memoranda and documentation for holding structures.
References to income-tax provisions follow the Income-tax Act, 2025 (effective 1 April 2026, replacing the Income-tax Act, 1961); we cite the erstwhile section where it aids clarity.
02 · Who this is for
Client profiles
Indian companies with cross-border revenue
Companies with foreign customers, foreign subsidiaries, foreign IP licensing, or foreign service providers, requiring DTAA analysis, TDS position memoranda, and transfer pricing alignment.
Foreign companies remitting to India
Foreign companies making payments to Indian recipients (services, royalties, dividends, interest, technical fees), requiring the treaty position from the foreign-side withholding obligation perspective.
Indian residents with foreign income
Indian residents receiving foreign-sourced income or holding foreign assets, requiring DTAA claims, Foreign Tax Credit claims under Section 90, and Schedule FA disclosure.
US persons with India connection
US citizens, green card holders, and US tax residents with Indian business interests, investments, or family holdings, requiring integrated India-US tax planning and FBAR/FATCA compliance.
03 · How we engage
Engagement structure
01
DTAA position memorandum
Treaty analysis for specific cross-border transactions or structures, with integrated position across source and recipient jurisdictions, supporting documentation list, and compliance pathway.
02
Form 15CA and 15CB certification
Operational issuance of Form 15CB certificates and Form 15CA filings for cross-border remittances, coordinated with the Authorised Dealer bank.
03
Outward Direct Investment structuring
ODI category selection, Form FC-RBI filing, annual Performance Report, FLA filing, and the divestment framework at exit.
04
US person India advisory
Integrated India-US tax advisory covering PFIC analysis, GILTI implications, FBAR and Form 8938 disclosure, and optimal structuring of India-side holdings.
04 · Representative scenarios
Illustrative engagements
Representative scenario
Royalty payment from Indian company to US parent
An Indian subsidiary licenses software from its US parent under a licensing agreement, with annual royalty of USD 2 million. Considerations: royalty classification under Article 12 of the India-US treaty (15% treaty rate, 25% domestic rate), TDS compliance under Section 195 at treaty rate, No-PE declaration from US parent (Form W-8BEN-E with India treaty election), Form 15CB certification per remittance, Section 92 transfer pricing position on the royalty rate (defensible 2% to 6% of revenue), and GAAR position on the licensing arrangement. Engagement: integrated position memorandum, per-remittance Form 15CA/15CB, and annual transfer pricing study.
Representative scenario
Indian individual investing in Singapore startup
An Indian resident is making a USD 500,000 angel investment in a Singapore-incorporated startup. Considerations: Outward Direct Investment route under FEMA OI Rules 2022, Form FC-RBI filing, structural choice (direct investment versus through LLP versus through Family Trust), future exit treatment (LTCG under Section 112A with treaty interaction), and annual reporting compliance (FLA Return, Annual Performance Report). Engagement: ODI structuring memorandum, Form FC-RBI filing, annual reporting, and exit advisory.
Representative scenario
US-citizen co-founder of Indian startup
A US-citizen co-founder of an Indian B2B SaaS startup, holding 35% equity in the Indian Private Limited Company, requires integrated India-US tax planning. Considerations: PFIC analysis of the Indian holding from US side (typically not a PFIC for active operating companies), GILTI analysis on controlled foreign corporation income, FBAR and Form 8938 disclosure of Indian holdings, Indian-side tax position on founder compensation and ESOP exercise, and potential restructuring to a Delaware C-Corporation parent. Engagement: integrated position memorandum, ongoing annual compliance support coordinated with US CPA, and flip-structuring memorandum if contemplated.
05 · Frequently asked
Questions clients ask
Is a Tax Residency Certificate sufficient to claim treaty benefits?
A TRC from the recipient's home jurisdiction is necessary but not sufficient. The full documentation typically required includes the TRC, Form 10F (self-certification of treaty applicability), the No-PE declaration where applicable, and the underlying contract supporting payment classification. The Income Tax Department also retains the right to assess commercial substance, particularly for intermediate holding jurisdictions, under the GAAR framework.
What is the typical timeline for Form 15CB issuance?
For a routine cross-border remittance with complete documentation, Form 15CB issuance is typically 2 to 3 working days from instructions. Complex transactions (royalties with transfer pricing dimensions, intermediate jurisdiction holdings, novel payment structures) may take 5 to 10 working days, including the position memorandum supporting the certificate. Form 15CA is filed by the remitter (or by us on the remitter's behalf) following the 15CB issuance.
Does India have a tax treaty with my country?
India has DTAAs with over 90 jurisdictions including the US, UK, Singapore, UAE, Canada, Australia, Germany, France, Netherlands, Switzerland, Mauritius, Cyprus, Ireland, Luxembourg, Malta, and most major economies. The DTAA framework varies materially across treaties. Our position memorandum for any specific transaction covers the applicable treaty with the specific article references.
What is the difference between Form 15CA and Form 15CB?
Form 15CB is the Chartered Accountant's certificate certifying the tax position on a foreign remittance, including the nature of the payment, applicable tax treaty rate, and TDS compliance. Form 15CA is the remitter's declaration filed with the Income Tax Department in electronic form, typically accompanied by the Form 15CB. For remittances below certain thresholds or specified exempt categories, the requirements may be relaxed.
How is the equalisation levy different from Section 195 TDS?
The equalisation levy is a separate charge imposed on specified digital services received in India from non-resident providers, at 2% on the gross consideration. It applies to e-commerce supplies and certain digital advertising services. Unlike Section 195 TDS, the equalisation levy is the legal liability of the non-resident, though typically collected from the Indian customer. The levy is in addition to (not in lieu of) any income tax obligation.
Does Advisory Monks coordinate with US CPAs for US person advisory?
Yes. Integrated India-US tax advisory typically requires coordinated work between an Indian Chartered Accountant (covering the India-side position) and a US CPA (covering the US-side position). Our practice operates routinely with US CPAs, and where the client does not have one, we can introduce qualified partners through our Global desk.
“A rare combination of technical depth, strategic thinking and practical execution — across taxation, regulatory compliance and investment structuring.”
Speak with a partner
Tell us about your facts. We will respond with a structured approach.
Each engagement begins with a structured workshop covering your specific facts, timeline, and constraints. We respond with an option analysis and indicative fee within five working days of the initial discussion.