SPOTLIGHT ON INDIAN ELECTRONICS Spotlight on Indian Electronics | Page 57

ESDM & FDI QUERIES
5 .
Social Security Benefits
Every establishment in India , employing 20 or more persons is required to register with the social security authorities unless they are an exempt establishment . For Indian passport holders , social security contribution is optional for employees if their salary exceeds INR 6,500 per month .
Every establishment in India , employing 20 or more persons is required to register with the social security authorities unless they are an exempt establishment . For Indian passport holders , social security contribution is optional for employees if their salary exceeds INR 6,500 per month .
a ) Employee Contribution 12 % of salary 12 % of salary
6 .
International Worker
International worker may get exemption from social security regulations , if there is SSA with the country , and the worker is contributing in his / her own country and for defined terms and conditions in relevant SSA .
International worker may get exemption of social security regulations if there is SSA with the country , and the worker is contributing in his / her own country and for defined terms and conditions in relevant SSA .
In case of LLP the tax on income are as follows :
Benefits of DTAA :
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Business income : 30 % plus surcharge and education cess
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Lower Withholding Taxes ( Tax Deduction at Source )
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Alternate Minimum Tax : The concept to AMT is similar to
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Complete Exemption of Income from Taxes
the Minimum Alternate Tax ( MAT ), as applicable to the
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Underlying Tax Credit
Companies but since there is no concept of book profits in case of LLP , the LLP ’ s will be liable to pay AMT on their adjusted total income ( equivalent to adjusted taxable income ). Similar to Company , LLP paying AMT can claim
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Tax Sparing Credits
DTAA provides lower rate or exemption for taxes on capital gains ( gains made by selling the business unit )
its credit for 10 assessment years . But as opposed to
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It also provides taxability of business profits if the company
Company , LLP will not be liable to pay AMT on those
has permanent establishment in India . A building site or
income , which are exempt under provisions of Income Tax
construction , installation or assembly project constitutes a
like long term capital gain under section 10 ( 38 ) and
permanent establishment only if it continues for a period of
income from dividend under section 10 ( 34 ) etc
more than 183 days in any fiscal year .
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There is no dividend distribution tax on LLP ’ s .
India also has free trade agreements providing for concessional
Royalty Rates
The rates of royalty country wise can be seen from the following link-
( http :// law . incometaxindia . gov . in / DIT / File _ opener . aspx ? fn = htt p :// law . incometaxindia . gov . in / Directtaxlaws / dtrr2005 / R10 . htm
import duties . The details of FTA ’ s and other agreements can be seen from the following link- ( http :// commerce . nic . in / trade / international _ ta . asp ? id = 2 & trade
= i )
Q . 39 What are the reporting requirements related to taxes ?
)
Tax liability in India can either be discharged through the
Q . 38 Does India has double taxation avoidance agreements and free trade agreements ?
India has Double Taxation Avoidance Agreements signed with various countries ; the list of countries can be seen from the following link-
( http :// law . incometaxindia . gov . in / DIT / intDtaa . aspx ).
advance tax mechanism or the tax withholding mechanism .
Under the advance tax mechanism , one estimates the entire year ’ s tax liability and deposits through three annual installments , i . e . September 30 ( 30 %), December 15 ( 30 %) and
March 15 ( 40 %). An LO is not required to pay corporation or withholding tax as there is no income .
Section VII

Visa Types

Q . 40 What are the various types of Visas ?
supporting documents . ( http :// indianvisaonline . gov . in / visa /).
Government of India issues the following visas : Business Visa ,
Preferable visas from an industry point of view are business
Conference Visa , Diplomatic Visa , Employment Visa ,
visa , employment visa and conference visa .
Emergency Visa , Entry Visa , Journalist Visa , Medical Visa ,
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FAQs relating to work-related visas ( business / employment )
Missionaries Visa , and permit to re-enter within 2 months ,
issued by India can be seen from the following link-
Research Visa , Student Visa , Tourist Visa , and Transit Visa .
( http :// mha . nic . in / pdfs / work _ visa _ faq . pdf ).
Please follow the link for details on Visa Provision and
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FAQ relating to conference visa can be seen from the
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