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Gupta Rajat & AssociatesChartered Accountants

Taxation

International Taxation, NRI Taxation and Transfer Pricing

Indian tax matters for non-residents and cross-border transactions: NRI taxation, DTAA, tax residency, remittances abroad, transfer pricing documentation, benchmarking and assessments.

Overview

Cross-border income and transactions raise Indian tax questions that domestic compliance does not: whether a person is resident in India, how a tax treaty applies, what tax must be withheld before money leaves the country, and whether prices charged between group companies are at arm's length.

The firm advises non-resident Indians, expatriates, foreign businesses with Indian operations and Indian businesses with international transactions on the Indian tax side of these matters. Advice is limited to Indian law. Tax consequences in any other country must be confirmed with advisers qualified in that jurisdiction.

When it is typically needed

  • A non-resident selling property or investments in India, or repatriating the proceeds
  • A remittance abroad that requires a Chartered Accountant's certificate
  • Claiming a tax treaty benefit or obtaining a tax residency certificate
  • Determining residential status in a year of moving to or from India
  • Transactions between an Indian company and its overseas parent, subsidiaries or other associated enterprises
  • A transfer pricing notice or assessment
  • Source-of-funds documentation requested in connection with an EB-5 application

Scope of work

NRI services

  • NRI taxation
  • Taxation of property transactions
  • Repatriation advisory
  • DTAA support

International taxation

  • Remittance certification in Forms 145 and 146 (formerly Forms 15CA and 15CB)
  • Tax residency certificate support
  • Expatriate tax advisory

EB-5 and overseas documentation

  • Compiling and reviewing Indian financial records and source-of-funds documentation requested for EB-5 applications
  • International financial documentation

Transfer pricing documentation

  • Transfer pricing study reports
  • Accountant's report on international transactions (Form 48, formerly Form 3CEB)
  • Local file support

Benchmarking and pricing

  • Benchmarking analysis
  • Arm's length price advisory
  • Comparable search

Assessment support

  • Transfer pricing assessment representation
  • Replies to notices
  • Documentation defence

Inter-company advisory

  • Related-party pricing
  • Review of inter-company transactions
  • Group transaction structuring

Terms explained

For readers less familiar with Indian tax and regulatory terminology.

NRI
Non-Resident Indian. For income tax, what matters is residential status under the Income-tax Act, which depends mainly on days of physical presence in India.
DTAA
Double Taxation Avoidance Agreement — a tax treaty between India and another country allocating taxing rights and providing relief from double taxation.
TRC
Tax Residency Certificate — a certificate from a country's tax authority confirming residence, generally required to claim treaty benefits.
Forms 145 and 146
The remitter's declaration and the Chartered Accountant's certificate for certain payments to non-residents under the Income-tax Rules, 2026 — formerly Forms 15CA and 15CB.
Transfer pricing
Rules requiring transactions between associated enterprises to be priced as independent parties would price them (the arm's length principle).
FEMA
Foreign Exchange Management Act, 1999 — India's law governing foreign exchange transactions, including repatriation and foreign investment.

Scope and limitations

  • The Income-tax Act, 2025 and the Income-tax Rules, 2026 apply from 1 April 2026, and statutory forms have new numbers — for example, Forms 15CA and 15CB are now Forms 145 and 146, and Form 3CEB is now Form 48. Matters for tax years before 1 April 2026 generally continue under the Income-tax Act, 1961, so the form that applies to a particular period is confirmed during the engagement.
  • The firm's advice covers Indian law only. It practises from Noida, India, and does not advise on the law of other countries; cross-border outcomes depend on the jurisdictions involved, the facts and the agreed scope of the engagement.
  • EB-5 documentation support relates to Indian financial records only. United States immigration and legal advice must be obtained from qualified US counsel.