Anti-Money Laundering – AML

As a committed member, the United Arab Emirates (UAE) contributes to Global Anti Money Laundering – (AML) efforts and combating financing of terrorism (AML/CFT), and strives to fully implement the standards set by the International Financial Action Task Force (FATF). In 2018, the UAE identified a number of areas in which the risks of money laundering and terrorist financing are high.

Federal Decree-Law No. (20) of 2018 on Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations, and its Implementation Regulation was issued.

Click here to view the AML Law

Money laundering is defined as: “Any financial or banking transaction aimed at concealing or changing the identity of illegally obtained funds by passing them through the financial and banking system in order to make them appear as originating from legitimate sources, and then re-pumping and investing them in a legal manner contrary to their real nature”.

According to Circular Issued by Ministry of Finance:

  • Brokers and Real Estate Agents
  • Dealers in Precious Metals and Precious Stones
  • Independent Accountants
  • Provider of Corporate Services

COMPLIANCE REQUIREMENTS

The above listed business sectors shall comply with the AML regulations, for which the following steps are required to be performed.

  1. Appoint a Compliance Officer (duties of which are defined under Article (21) of the Implementation Regulations No. (10) of 2019 for Federal Decree-law No. (20) of 2018).
  2. Perform the Due Diligence Measures (requirements listed under Implementation Regulations No. (10) of 2019 for Decree-law No. (20) of 2018).
  3. Report Suspicious Transactions: (Guidelines provided in Chapter Three Article 13, Chapter Four Point 2 of Article 15, Chapter Five Article 16, 17).

Note: In the event of non-fulfilment of the requirements stated above, this shall result in the suspension of your business license as directed by the Ministry of Economy to respective Licensing Authorities

DEADLINE AND PENALTIES

  • The last date to register on the GoAML Platform is 31st March 2021.
  • Failure to register before the deadline will lead to financial penalty of AED 50,000 to 5 Million.

How WISE Can Help You?

While the registration and compliance of the above regulation is a Complex Task that requires multiple areas of Focus and Expertise, Our team of Qualified Experts will not just help you in registering your company on GoAML Platform but we will also assist you in:

  • Risk Assessment
  • Preparation of Policies and Procedures for mitigating the Risk of ML
  • Review of Transactions
  • Know Your Customer (KYC) and Customer Due Diligence (CDD) Checks

For further information about registration, legislation guidance, or instructions related to Anti-Money Laundering and Combatting of Financing Terrorism, Contact WISE CONSULTANCY at tax@wisefinance.info or via phone by calling +971561204624 or +971526992184.

Business Setup in IFZA, Dubai, Company Formation in International Free Zone Authority

International Free Zone Authority (IFZA) is known to be one of the most cost-effective free zones in Dubai, UAE. Strategically situated within one of the UAE’s dynamic business gateways. IFZA Dubai provides local and international businesses the ideal platforms, infrastructure and location that optimize the benefits of the UAE’s strategic geographic position, world-class infrastructure and business- and tax-friendly environment.

 

FEATURES OF IFZA FREEZONE COMPANY

• Fast & easy freezone company incorporation
• Comprehensive range of business activities
• Consultancy, Service and Trading options
• Physical presence of shareholders is not required
• Limited Liability Companies
• No physical office requirements
• Proof of share capital is not required
• 100% exemption from corporate and income taxes
• 100% foreign ownership
• Zero foreign currency restrictions
• Full repatriation of company profits and capital
• Ability to incorporate holding companies

WHAT MAKES IFZA UNIQUE FREEZONE ?

• No need to submit Annual Audit at Freezone
• 3 years visa for owners and employees
• No Employee guarantee deposit required
• Passport Copy is the only document required
• Physical presence of Company Owners is not required
• Limited Liability Companies with suffix “LLC” & easy to open Bank Account
• Various option of flexi desk and offices available
• No mandatory insurance requirement
• Exemption from Corporate and Income tax
• 100% repatriation of profit.

IFZA Free Zone Company Registration and Visa processing are made easier to you with WISE Consultancy

Business Activities:-

License types available in International free zone authority, Fujairah:-

  • Consultancy License- providing expert and professional consultancy services for professionals.
  • Service License – allows production, re-production, transformation and distribution of services.
  • Trading License – enables the licensee to trade items specified on the trade license.
  • General Trading License – enables the licensee to trade wider range of items.
  • Industrial License – allows to import raw materials, production, re-production, manufacture, package and export.
  • Holding License – allows the holding standalone assets and/or shares in other companies.
 Service LicenseTrading LicenseHolding Company
AED 9,500
Zero Visa LicenseAED 11,500AED 13,500
1 Visa LicenseAED 15,700AED 17,500
2 Visa LicenseAED 17,900AED 20,500
3 Visa LicenseAED 19,700AED 23,500
4 Visa LicenseAED 21,300AED 25,500
5 Visa LicenseAED 22,900AED 27,500
6 Visa LicenseAED 24,700AED 29,500
Extra business activitiesAED 1,000
Office Rental AgreementIncluded in all license packages
License Pre-Approval per Shareholder(s)AED 300
Extra ShareholderAED 350

MULTI YEAR LICENSES:-

2 Year License – 12% Discount off Trade License
3 Year License – 20% Discount off Trade License

Visa servicePrice in AEDGeneral ServicesPrice in AED
Visa status change800License Cancellation2,200
Visa Cancellation500Duplicate Company Document400
E-Channel Refundable Deposit5,000IFZA Letters & NOC’s250
E-Channel Registration Fee2,200Refund – License Administration Fee80% of License application fees
E-Channel Renewal Fee (yearly from 2nd year)1,100License Amendment2,000

 

    Type of set-up preferred: Regular CompanyBranch of UAE-based CompanyBranch of Foreign CompanyEstimated Number of Visas required: Proposed Company Names: Brief Business Summary: I want to receive the latest promotions and updates from Wise Consultancy

    Economic Substance Regulations

    Click here to download Activities Summary
    Click here to download Flow Chart

    Economic Substance was introduced vide UAE Ministry of Finance in the form of Cabinet of Ministers Resolution No. 31 of 2019, dated 30 April 2019 (UAE ESR) followed by the Ministerial Decision No. 215 on the issuance of directives for the implementation of ESR and Cabinet Resolution 58 of 2019 determining the Regulatory Authorities for the purposes of UAE ESR. The UAE Cabinet issued the Cabinet of Ministers Resolution No.31 of 2019 (concerning economic substance regulations in the UAE, “the Regulations”), requiring all in-scope UAE entities (“Relevant Entities”) that carry on certain activities (“Relevant Activities”) to have demonstrable economic substance in the UAE from 30 April 2019

    Who is ‘Relevant Entities’?

    Relevant Entity is that :

    1. Juridical Person (incorporated inside or outside UAE) or
    2. an unincorporated partnership 

    registered in the state, including a free zone and a financial free zone and carries on a ‘Relevant Activity’. Entities are expected to use a ‘substance over form’ approach to determine whether or not they undertake a Relevant Activity and as a result will be considered Licensees for the purposes of the ESR Regulations, irrespective of whether such Relevant Activity is included in the trade license or permit of the entity.

    Who are liable for ESR in UAE?

    The UAE applies Economic Substance Regulations (ESR) to local companies located in the country including businesses in the free zones and those engaged in any of the defined ‘relevant activities’.

    CIGAs or Core Income Generating Activities 

    Article no. 3 of Resolution no. 57 also explains the Core Income Generating Activities of these businesses that execute the relevant activities as given by the Economic Substance Regulations in UAE. CIGAs are termed activities that are primarily carried out by the licensee for the purpose of generating enough income from the relevant activities being executed in the company or organization. The following can possibly be the CIGAs of each relevant activity; 

    What are The Relevant Activities?

    The following are considered as “Relevant Activities” under the Regulations:

    • Banking
    • Insurance
    • Investment Fund management
    • Lease-finance
    • Headquarters
    • Shipping
    • Holding company
    • Intellectual property
    • Distribution and service centers

    Economic Substance Test

    The companies need to first notify the regulators whether they carry out the relevant activities as per the ESR or not and then follow it up with the requirements for the UAE economic substance test and file ESR report. The businesses that are within the scope of the UAE ESR, must prepare themselves to implement strategies for the annual UAE ESR notification and reporting. They must also need to satisfy the requirements for the UAE Economic Substance Test for which professional guidance of reputed ESR services firms in Dubai, UAE can be availed.

    Below are the 5 requirements the companies need to have to undergo the UAE Economic Substance Test

    1. Conduct Core Income-Generating Activities Within the UAE (CIGA)

    2. Direct and Manage Business From Within the UAE

    3. Employ Full-time Staff in the UAE

    4. Incur Operating Expenditure in the UAE

    5. Retain Adequate Physical Assets in the UAE

    Reporting requirement for relevant Entities:

    Relevant Entity will be required to submit an annual report (within 12 months from financial year-end) on its relevant activities to the relevant regulatory authority containing specified details and also declaration on whether ES test has been satisfied. 

    The below table outlines the upcoming deadlines for a selection of FY ends:

    FY endNotificationNotification
    (on /or before)
    ReportReport
    (on /or before)
    30 Jun31 Dec30 Jun
    30 Sep31 Mar30 Sep
    31 Dec30 Jun31 Dec

    If the company has a licensed activity but does not conduct or generate the CIGA from the relevant activity, ES tests requirement will not be applicable, however it will be required to provide a notification to the regulatory authority as per Article 8(1).

    Penalties where the Economic Substance Test is not met

    The below table outlines the penalties for a selection of offence/ violations

    Type of offence/ violationsAdministrative penalty
    Failure to submit the ESR Notification (or any
    relevant information or documentation)
    AED 20,000
    Failure to submit the ESR Report and any
    relevant information or documentation required
    to be submitted
    OR
    Failure to meet the Economic Substance Test for
    each year
    AED 50,000

    (AED 4,00,000 for a repeat offence/ violation in
    FY immediately following the FY in which the first
    offence/ violation was committed)
    Wilfully furnishing of inaccurate informationAED 50,000

    How can WISE help?

    Wise team of Tax experts can assist you on every step of your ESR Compliance journey. Be it assessing the applicability of ESR for your business or filing notifications / reports and mitigating the risks of non-compliance.

    Wise team will assist you with ESR compliances in the following ways,

    • ESR Impact Assessment
    • ESR Advisory
    • ESR Notification and report Filing 

    The Regulations require UAE onshore and free zone companies and other UAE business forms that carry out any of the “Relevant Activities” listed below to maintain an adequate “economic presence” in the UAE relative to the activities they undertake.
    Related Activities:

    • Banking Business
    • Insurance Business
    • Investment Fund management Business
    • Lease – Finance Business
    • Headquarters Business
    • Shipping Business
    • Holding Company Business
    • Intellectual property Business (“IP”)
    • Distribution and Service Centre Business

    The Regulations provide a definition to each of the above Activities. The provisions of the Regulations shall not apply to Companies in which the Federal Government of the UAE or the Government of any Emirate of the UAE, or any governmental authority or body or any of them has at least 51% direct or indirect ownership in their share capital. The Regulations apply to financial years commencing on or from 1 January 2019. Entities that are governed by the Regulations will need to submit a notification to their Regulatory Authority (defined under Cabinet Decision No (58) of 2019 issued on 4 September 2019) from 1 January 2020 onwards, and prepare and submit to the same Regulatory Authority an economic substance declaration within 12 months from the end of their financial year (e.g. 31 December 2020 for entities with a financial year ending 31 December 2019). An entity is not required to meet the economic substance test and file an economic substance declaration for any financial period in which it has not earned income from a Relevant Activity. Failure by an entity to comply with the Regulations shall result in administrative penalties, spontaneous exchange of information with the Foreign Competent Authority (as defined in Article 1 of the Regulations), and potential suspension, revocation or non-renewal of its registration.

    Offshore Licence Application Form

      Proposed Company Names: Brief Business Summary: I want to receive the latest promotions and updates from Wise Consultancy

      Best Consultant for Company Formation in Dubai | Business Setup advisor in Dubai – Wise Consultancy

      Click here to download FAQ

      • Advantage of Business set up in UAE
        • Well planned, developed & growing economy
        • Part of fast growing economy in GCC country
        • Strong and well balance country with business growth
        • Well developed banking and financial hub
        • Secured and safe business enviourment
        • Basic business rule and policy in line with international business standard
        • Well developed infrastructure, port, transport facility
        • Liberal Immigration policy
        • Well cultured and educated work force
        • Well connected with GCC, Europe, Africa and Asian Market
        • Major hub for MNCs, Trading house and Investment banker
      • Preferred Business Destination

        As per the business study and Government data, major businesses in UAE are:

        • Trading hub – Electronic, Electrical, Computer, Garments & FMCG products
        • Investment banker, Assets Management Companies & Private Equity Funds
        • International banking and financial Hub
        • Shipper and Forwarding Agent, onwards exports and Shipment
        • Gold, Gems and Jewelry, Diamond studded ornaments
        • Tourism, oil, power, automobiles and EPC contracts
        • Garments, Food grain, Pharma, Perfumes and healthcare products
        • Major Trade with GGC, Asian, African and EU Market
      • Type of Business Entity – FZC \ FZE \ LLC
          • Limited Liability Company – LLC Company
          • Free Trade Zone Company – FZC
          • Free Trade Zone Enterprises – FZE
          • Offshore Company

        Limited Liability Company – LLC

        We generally recommend the LLC Company considering the nature of business plan in UAE. It is also commonly known as LLC Company and having separate legal entity. In this LLC, as per norms you need to give 51% shares to local UAE resident Partner. However, you will have full liberty and freedom to do business and day to day banking. UAE partner shall play very limited role in day to day and business policy decision.

        Major benefits of LLC Company

          • It has separate Legal entity in law
          • Shareholders are not liable for company’s debts beyond the own share capital
          • Residence visa available for owners, employees and his family members
          • No Tax filing and no need to maintain any book of account
          • Suitable when plan to do local business in UAE and GCC countries
          • 51 % equity share with UAE Local resident, hence no legal issue in home country

        Free Trade Zone Company – FZC & FZE

        We strongly recommend the Free Trade Zone Company considering the nature of business plan in GCC and overseas market. It is also commonly known as FZC Company and having separate legal entity. In this company, as per norms you will have 100% ownership with you and no need to have any local UAE resident Partner. You will have full liberty and freedom to do business and day to day banking. There are several Free Trade Zones in UAE. Zones are developed considering the location, business focus and priority of the nation’s business policy. Few names are – Jabel Ali FTZ, JLT FZC, SAIF Zone, Azman FZC, Hamaria FZC, RAK FZC and many more. Formation, License fees & time frame varies as per zone policy. Hence depends upon the business plan and products, we shall recommend the suitable zone for you to set up.

        FZC – formed company with more than 2 shareholders and directors.

        FZE – formed company with 1 shareholder and director ( both are same )

        Offshore Company

        Offshore company shall be formed when you are not planning to stay in UAE and do business and investment in any part of world. This is suitable to carry out trading, investment and overseas business. Resident visa is not available to owners.

        Formation & time frame varies as per zone policy. Hence depends upon the business plan and products, we shall recommend the suitable zone for you to set up.

      • Advantage of having Limited Company in UAE & GCC

        Advantage of LLC Company

        49 % ownership allowed in Company by Foreigners and 51% with UAE Local Resident

        Zero tax on profit , income, gain and full repatriation allowed

        Normally 2 or more resident visas are available to stay in UAE for owners \ employees.

        Any individual can incorporate a UAE company.

        Company can do wide range of business & investment with less restrictions

        Local office \ shop \ manufacturing facility can be developed

        Undertake work contract, Infra projects and real estate developments

        Have business set up in any part of UAE and no restriction to do business

        Advantage of FZC\FZE

        100 % ownership allowed in Company by Foreigners.

        Zero tax on profit, income, gain and full repatriation allowed

        Normally 2 resident visas are available to stay in UAE for owners \ employees.

        Any individual or corporate body (overseas) may incorporate a UAE company.

        Easy to form and run the business, ware housing & manufacturing in UAE.

        Minimum One director required to form company and can have more if required

        No Local Shareholder & Director required to form and manage the company

        No major restrictions on the type of business activities that a company can engage in.

        No special approvals are required by foreigner means they are at par with locals.

        No Restriction or obligation for local employment of work force.

        Minimum paid up capital requirement for a UAE company. The usual authorized share capital is AED 150,000

        Company can issue Ordinary shares

        Local Registered office required – provided by Free Trade Zone.

        Your presence is compulsory to form FZC company and open the bank account

        Advantage of Offshore Company

        100 % ownership allowed in Company by Foreigners.

        Zero tax on profit, income, gain and full repatriation allowed

        No need to take resident visas to stay in UAE.

        Your presence is not required to form company

        No audit required at the time of renewal of company

        Any individual or corporate body (overseas) may incorporate a UAE company.

        Easy to form and run the business in UAE and any part of the world

        Minimum One director required to form company and can have more if required

        No Local Shareholder & Director required to form and manage the company

        No major restrictions on the type of business activities that a company can engage in.

        No special approvals are required by foreigner means they are at par with locals.

        No Restriction or obligation for local employment of work force.

        Minimum paid up capital requirement for a UAE company. The usual authorized share capital is AED 100,000.

        Company can issue Ordinary shares

        Local Registered virtual office required – provided by Zone.

        To Form the company in UAE, you need to appoint professional firm for assistance and complete the formalities of formation of company. We shall provide the same.

      • Minimum requirements for registration of a company

        Shareholder either individuals \ Limited entity

          • Know your client – KYC Norms For individual: Copy of passport, overseas residential address proof, and other KYC information such as personal and business profile, etc.
          • If the shareholder is a corporate entity ( in FZC ) : Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association and Board Resolution.

        Director

          • The minimum number of directors is one, who may be a natural person or a body corporate. Directors may be of any nationality. Corporate directors are permitted in FZC.
          • Copy of passport and overseas residential address proof

        Local Director \ Shareholder

          • FZC \ FZE \ offshore Company does not require local UAE resident person.

        Registered office in UAE

        Company need to have registered office in UAE. Free Trade Zone Authority shall provide the registered office address. Post Box No. is allowed to utilize as registered office. In case of LLC company, rented premises shall be used for business and as registered office.

        Upon receipt of the signed incorporation and supporting documents from you, we will proceed to incorporate the company.

      • Foreign Company Registration Options

        Foreign company plans to have presence in UAE, have the choice of setting up business unit as branch office, subsidiary, or representative office in UAE.

        LLC \ FZC\ Overseas Company

          • A separate company formed by shareholder and director of the company. It shall have independent identity. Foreign company shall become shareholder and control it.

        Subsidiary Company

          • A subsidiary company is a FZC \ Offshore company incorporated in UAE with the parent company as its majority shareholder. For small to mid-size foreign businesses, a subsidiary company is the most preferred choice of registration in UAE.

        Branch Office

          • A branch office is registered in UAE as an extension of its parent company and not as a separately incorporated entity. The liabilities of a branch office extend to its parent company.

        Representative Office

        • A representative office is registered in UAE as a temporary arrangement for conducting marketing research activities. A representative office does not have any legal status and cannot be engaged in any profit yielding activities
      • Business trade License & Banking

        A UAE Company has all the powers of a natural person. Government shall provide Business Trade License to carry on the business. It is valid for one year and will be renewed on yearly basis. With this license company can do business in trading, manufacturing, consultancy, investment, marketing and laison work, commission agent, sourcing agent and other major business as permissible under law.

        In UAE there are generally four type of Business Trade License. License fees are varies according to the type of license.

          • General Trade License – Company can do business in all type of products and services
          • Specific Trade License – Company can do business in 2-4 type of products ranges
          • Service License – Company can provide consultancy and services. No trading allowed.
          • Manufacturing and Warehousing License – Company can do manufacturing, processing, packing and repacking, warehousing and logistic. The nature of the actual business activity could be subjected to control and regulation by other Government authorities. Cannot undertake banking or real estate or insurance activities or solicit funds from or sell its shares to the Public.

        Depending on your company’s business activities, you may need to obtain one or more business licenses after you have incorporated your company but before you can commence your business operations.

        Bank account opening

        After successful registration of your UAE Company, you can open a corporate bank account in any of the major banks in UAE such as RAK bank, ADCB bank, HSBC, Standard Chartered, Citibank, Emirate NBD Bank etc. Many of the banks in UAE these days require physical presence of the company principals as part of the account opening procedure.

        While visit to UAE, you have a wider choice of banks to choose from. In this case, you can explore the features and facilities provided by different banks and decide on the bank that best suits your needs.

        While opening the bank account, clients should bring the following documents

        • Original Passport & residence address proof of director & share holder
        • Original UAE company formation documents & Trade License
        • Business profile of director & shareholder
        • Proposed Business plan of the company
        • Bank Reference letter \ statement from existing banker of director – optional
      • Tax, Dividend and other Benefits

        In UAE, there is Zero Tax on profit, income, gain and dividend. It is allowed to repatriate full profit.

        LLC and Offshore company no need to maintain books and file audited account to any authority at time of renewal of Trade license.

        FZC \ FZE needs to do audit of accounts and file the copy of financial to Free Trade Zone Authority every year. However there is zero tax on Income.

        Other Information

        Business Trade License Renewal

        Business Trade License renewal is compulsory every year and need to pay government charges for the same. Any delay shall attract penalty and freeze of bank account after grace period. Even delay may have impact on your resident visa.

        For More detail please visit website of Free Trade Zone few are as follows.

        www.jafza.ae
        www.rakftz.ae
        www.saif-zone.ae
        www.dmcc.ae
        www.afz.ae

      • Documents Required For Company Incorporation

        Director and shareholder – When Individual

        Copy of passport; and

        Copy of residential address proof such as a recent utility bill \ phone bill

        Director and shareholder – When Corporate Bodies

        Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association of parent company and

        Board Resolution for investment with proposed business plan

        Please note the following:

        Presence of shareholder and directors is compulsory for company formation except in case of Offshore company

        All documents must be in English or officially translated in English;

        All copies of documents must be certified true copies by a notary public or self certifying or you must bring the originals for sighting;

        You can email us the scanned copies of documents so we can proceed with preparing the necessary incorporation documents. However we must receive the certified true copies before we can incorporate the company.

        Our compliance department may ask for additional information if necessary.

        Duly filled Company Formation Request Form

      • Company registration procedure and timeline
          • Company registration procedure in UAE is fully computerized by the UAE Companies Registry. As a result, the incorporation process is quick and efficient. Under normal circumstance, the company can be incorporated in 7 working days.
          • There are two distinct steps involved in the UAE company setup procedure:
            • Company Name Approval and;
            • Company Registration. Both steps can be accomplished on the same time.

            Further the Business Trade License shall be obtained from Government Authority. The said license is valid for one year and renewed thereafter.

        Details of directors and shareholders public information in UAE

        Directors and shareholders information is not public information in UAE.

      Tax Residency Certificate – TRC, Tax Domicile Certificate UAE, DTAA

      Tax residency certificate – (TRC) is a certificate issued by Federal Tax Authority (FTA), UAE to eligible companies and individuals to take advantage of agreements of double taxation avoidance on income earned in UAE. The validity of the certificate is for a period of one year and starting date of the period can be selected by the applicant as per its own requirement.

      The main purposes of tax residency certificate are as follows:

      • To prove that the residency of the applicant is UAE
      • To avoid double taxation i.e. paying tax in two different countries
      • Ease the process of cross-border trade and investment flows
      • Economic diversification
      • Boost the business sectors.

      What is Double Taxation Avoidance Agreement and Countries?

      A scenario in which a same tax payer is imposed tax by two different countries on the same tax base is called double taxation and to avoid this unfair situation, a treaty is signed by between countries and is called DTAA.

      UAE has signed the Double Taxation Avoidance Agreement with 117 countries including countries like:

      India | Pakistan | Saudi Arabia | Egypt | Philippine | China | Japan | Malaysia | Germany | Finland | Italy | France | Romania | Turkey | Mauritius | Latvia | Ethiopia | South Africa | Iraq and etc.

      View Full List

      TRC for Individuals

      A natural person who is applying for the TRC in UAE should have remained in the UAE for at least 180 days. Hence, the Non-residents are not eligible to apply for TRC.

      Documents required for Tax residency certificate – Individual:

      • Copy of the passport and valid permit of the applicant
      • A copy of the Emirates ID.
      • A certified copy tenancy agreement/Ejari or Utility Bill.
      • Certified 6-month bank statement
      • Prove of the source of income e.g. Salary Certificate etc.
      • A report from the General Directorate of Residency and Foreigners Affairs specifying the number of days the resident has stayed in the UAE.
      • Specific Format, if any, required for TRC from the country where the certificate needs to be submitted
      • Letter to FTA.

      TRC for Companies:

      If a company is applying for TRC in UAE then it should have been operating in UAE for at least a period of more than one year.

      Documents required for Tax residency certificate – Corporate:

      • Copy of the Trade License and other legal documents
      •  Copy of Audited Financial Statements
      •  Copy of the company’s owners/partners/directors’ passports, Emirate IDs and valid residency permit
      •  Certified 6-month bank statement
      •  Copy of the Tenancy lease agreement/Utility bills.
      •  Structure of the company (if it is not a sole proprietorship)

      How WISE can assist you?

      If you are looking to save your Taxes, WISE qualified experts will guide you step by step from the stage of submitting the application to approval by authority and finally receiving the Tax Residency Certificate.

      Get in touch with our tax experts for free consultation at: tax@wisefinance.info

      Double Taxation Avoidance Agreements (DTAA)

      The incidence of double taxation occurs when an individual is required to pay tax more than once on the same income  generated from a country different from his/her home country.

      A taxpayer’s own country (referred to as home country) has a sovereign right to tax the individual; the source of income may be in some other country (referred to as host country) which also claims a right to tax the income arising in that country. The result is that income arising to a resident of the home country is subject to tax in the home country as part of the individual’s total world income and, also in host country which provides the source for that income.

      The Double Tax Avoidance Agreements (DTAA) is essentially bilateral agreements entered into between two countries.The basic objective is to avoid, taxation of income in both the countries (i.e. Double taxation of same income) and to promote and foster economic trade and investment between the two countries.

      The advantage of DTAA are as under:

      1. Lower Withholding Taxes (Tax Deduction at Source)
      2. Complete Exemption of Income from Taxes
      3. Underlying Tax Credits
      4. Tax Sparing Credits

      The Non Resident can certainly take the benefit of the provisions of DTAA entered into between UAE and the country from which the person belongs to.

      Signed Agreement:

      The UAE has 94 agreements in place with other nations to avoid double taxation on investments overseas. Attached is the list of countries with which UAE has entered into DTAA.

      Country List/Agreements on the Avoidance of Double Taxation

      6/25/20044/24/2001Algeria4/29/20042/13/2001Yemen5/27/19974/10/1996Tunisia7/1/20002/9/1999Morocco6/6/20043/15/2001Sudan1/12/20021/26/2000Syria3/23/19995/17/1998Lebanon3/2/20049/24/2003Mozambique11/20/20002/7/1993Pakistan11/30/19924/29/1992India10/3/20073/27/2007Amendment Protocol3/12/20134/16/2012Amendment Protocol7/4/20049/24/2003Sri Lanka10/20/20089/23/2003Philippines7/18/199612/1/1995Singapore6/1/199911/30/1995Indonesia

      Date of RatificationDate of Final SigningCountry
      7/16/19954/12/1994Egypt
      3/9/20059/22/2003South Korea
      Under Ratification10/31/2014Singapore / Amendment Protocol
      1/4/20013/1/2000Thailand
      1/4/20013/1/2000Thailand
      9/24/199611/28/1995Malaysia
      7/22/19947/1/1993People’s Republic of China
      7/29/20049/24/2003New Zealand
      3/9/20042003Ukraine
      2/1/20012/27/2000Belarus
      1/23/19964/11/1993Romania
      Under Ratification5/4/2015Romania (New)
      12/30/20116/9/1998Turkmenistan
      9/23/20034/22/2002Armenia
      3/27/200012/17/1995Tajikistan
      2/24/20042/21/2001Mongolia
      9/23/20049/23/2003Austria
      2/3/19941/31/1993Poland
      5/1/201512/11/2013Poland / Amendment Protocol
      7/14/20117/1/2010Germany
      12/26/19973/12/1996Finland
      10/5/19971/22/1995Italy
      1/1/20059/30/1996Czech Republic
      11/8/19947/19/1989France
      12/22/20039/30/1996Belgium
      6/19/200911/20/2005Luxembourg
      Under Ratification10/26/2014Luxembourg / Amendment Protocol
      1/29/19951/29/1993Turkey
      5/25/20046/9/2002Canada
      9/25/20079/18/2006Mauritius
      4/14/20079/19/2006Seychelles
      5/19/20099/18/2006Bosnia and Herzegovina
      6/12/200711/20/2006Azerbaijan
      4/2/20073/5/2006Spain
      9/13/20063/13/2006Malta
      6/2/20105/8/2007Netherlands
      11/16/20086/26/2007Belgium
      2/25/201110/26/2007Uzbekistan
      11/27/201312/22/2008Kazakhstan
      4/12/20102/16/2009Vietnam
      Under Ratification1/18/2010Greece
      Under Ratification6/27/2013Amendment Protocol
      7/6/20117/1/2010Ireland
      4/28/201111/24/2010Georgia
      6/20/201112/11/2010Venezuela
      5/22/20121/17/2011Portugal
      6/13/20111/17/2011Bangladesh
      3/17/20132/27/2011Cyprus
      3/29/20124/20/2011Estonia
      10/21/201210/6/2011Switzerland
      7/9/201411/13/2011Guinea
      Under Ratification11/21/2011Kenya
      6/23/201312/7/2011Russia
      6/11/20133/11/2012Latvia
      2/11/20133/26/2012Montenegro
      12/20/20139/2/2012Fiji
      Under Ratification9/24/2012Palestine
      10/23/201310/13/2012Panama
      7/9/201411/20/2012Mexico
      7/2/20131/13/2013Serbia
      Under Ratification3/4/2013Benin
      Under Ratification4/1/2013Libya
      10/4/20144/30/2013Hungary
      12/24/20145/2/2013Japan
      11/21/20145/21/2013Nation of Brunei, the Abode of Peace
      12/19/20146/30/2013Lithuania
      9/29/201410/12/2013Slovenia
      3/25/20153/13/2014Albania
      Under Ratification9/22/2014Barbados
      Under Ratification10/10/2014Uruguay
      Under Ratification12/7/2014Kyrgyzstan
      Under Ratification12/11/2014Hong Kong
      Under Ratification2/12/2015Bermuda
      Under Ratification3/26/2015Comoro Islands
      Under Ratification4/12/2015Ethiopia
      Under Ratification6/8/2015Uganda
      Under Ratification7/27/2015Gambia
      Under Ratification7/28/2015Andorra
      Under Ratification10/1/2015Belize
      Under Ratification10/1/2015Liechtenstein
      Under Ratification10/22/2015Mauritania
      Under Ratification10/21/2015Senegal
      Under Ratification10/26/2015Macedonia
      Under Ratification11/23/2015South Africa
      Under Ratification12/21/2015Slovakia
      Under Ratification01/18/2016Nigeria

      Banking Accounts

      A Non Resident Indian (NRI) can open the following Bank accounts:

      1. Non-Resident External Account (NRE A/c):

        An NRI may open an NRE current account, savings bank account, recurring, fixed deposit account which is denominated in INR (Rupees). It may be opened during a temporary visit to India. It can be jointly held with other NRI(s) or a close relative who may be a resident.The account can be operated by a Power of Attorney (POA) holder subject to restrictions. Nomination facility is available. The interest earned on NRE account is exempt as per Indian Income Tax laws. Hence, no tax is deducted at source on such interest earned. Funds are freely repatriable outside India from such an account.

      2. Non Resident Ordinary Account (NRO A/c):

        Any person resident outside India as per FEMA, may open an NRO current account, savings bank account, recurring or fixed deposit account which is denominated in INR (Rupees). It can be jointly held with residents or other NRI(s). The account can be operated by a Power of Attorney (POA) Holder subject to restrictions.Nomination facility is available. The interest earned on NRO account is taxable as per Indian Income Tax laws. Funds up to USD 1 million can be repatriated outside India or to NRE Account from such account in a financial year. A person resident in India who is settling abroad can transfer the balances lying in saving account to NRO account.

      3. Foreign Currency Non Resident (Bank) Account – FCNR Account:

        NRIs are eligible to open and maintain FCNR Deposits. It may be opened during a temporary visit to India. It is in the form of deposits with maturity of 1 – 5 years. It is denominated in any freely convertible currency. It can be jointly held with other NRI(s) or a close relative who may be a resident. Such close relative will be eligible to operate the account as a POA holder. Interest on FCNR account is exempt under the income tax laws for an NRI as well as Resident but not ordinarily resident.

      Permanent Account Number (PAN)

      Permanent Account Number (PAN) is a UNIQUE 10-digits alpha numeric number allotted by the Income Tax Department. It is issued in the form of a laminated card. It is PERMANENT, and the number will not change with change of address of the PAN holder or change of Income Tax Officer. The Income Tax Department issues PAN in partnership with UTI Technology Services Ltd and National Securities Depository Ltd. It is a simple process of filling up a form, attaching required photographs and necessary documents in order to obtain a PAN number. One needs to submit the requisite application in Form No 49A or Form No. 49AA (depending on citizenship). Every person assessable to tax or satisfying certain criteria is required to obtain PAN. Further, PAN is mandatory for transacting in financial markets in India.

      • Statutory Requirement

        Under the Income-tax Act, 1961, the following persons resident or non-resident have statutory obligation for acquiring and quoting PAN:

        1. If ones total income during any financial year exceeds the basic exemption limit under Income-tax Act,1961 or the total sales or gross receipt of business/Profession are likely to exceeded Rs. 5 lakhs in any previous year.
        2. Other prescribed persons under the Income-tax Act,1961.
      • General Requirement

        It is necessary to quote PAN or provide the copy of PAN card for entering into following transactions.

        1. For filing the Returns of Income, challans for payment of Income Tax.
        2. Opening of an account with a Bank, Demat Account for shares.
        3. For investing in shares and securities i.e. Initial Public Offers, Portfolio Investment Schemes and Portfolio Management Schemes, Mutual Funds.
        4. Sale or purchase of immovable property valued at Rs. 10 lakhs or more,
        5. Sale or purchase of motor vehicle
        6. Where non-resident has any income on which tax has been deducted, PAN is to be given to the person deducting tax.
        7. Other transactions

      Liberalised Remittance Scheme

      LRS is a scheme introduced for all resident individuals including minors to remit outside India for all the permissible Current / Capital account transactions up toUSD 250,000 per financial year (April-March) per person (including minor individuals) without RBI permission.

      If an individual has already remitted any amount under the LRS, then the applicable limit for such an individual would be reduced from the present limit of USD 250,000 for the financial year by the amount already remitted. The permissible capital account transactions by an individual under LRS are: 

      1. Opening of foreign currency account abroad with a bank;
      2. Purchase of property abroad
      3. Making investments abroad
      4. Setting up Wholly owned subsidiaries and Joint Ventures abroad
      5. Extending loans  in Indian Rupees to Non-resident Indians (NRIs) who are relatives as defined in Companies Act, 2013.

      Current Account Transactions:

      Individuals can avail of foreign exchange facility for the following purposes within the limit of USD 250,000 only. Any additional remittance in excess of the said limit for the following purposes shall require prior approval of the Reserve Bank of India.

      1. Private visits to any country (except Nepal and Bhutan)
      2. Gift or donation.
      3. Going abroad for employment
      4. Immigration
      5. Maintenance of close relatives abroad
      6. Travel for business, or attending a conference or specialised training or for meeting expenses for meeting medical expenses, or check-up abroad, or for accompanying as attendant to a patient going abroad for medical treatment/ check-up.
      7. Expenses in connection with medical treatment abroad
      8. Studies abroad
      9. Any other current account transaction

      Exceptions

      However, for the remittance of amount for the purpose of Emigration or in connection with the medical treatment or studies abroad, an individual may avail of exchange facility for an amount excess of the overall limit prescribed under the LRS, if it is so required by a country of immigration, medical institute offering treatment or the university respectively.

      Also, gift in Indian Rupees by resident individuals to NRI relatives as defined in the Companies Act, 2013 shall also be subsumed under the LRS limit.

      Persons other than individuals can make remittances for the below purposes:

      1. Donations for educational institutions;
      2. Commissions to agents abroad for sale of residential flats/commercial plots in India;
      3. Remittances for consultancy services and
      4. Remittances for reimbursement of pre-incorporation expenses

      within the limit and conditions laid down therein

      Persons other than individuals (such as corporates, trusts; etc.) can remit upto USD 2.50,000 under LRS Facility for any current account transaction as mentioned above.

      All other transactions which are otherwise not permissible under FEMA and those in the nature of remittance for margins or margin calls to overseas exchanges / overseas counterparty are not allowed under LRS.

      The resident individual investors can retain and re-invest the income earned on investments made under LRS. The residents are not required to repatriate the funds or income generated out of the investments made abroad under LRS to India.

      Residential Status Under FEMA

      Residential status of individuals:

      Residential status as per Foreign Exchange Management Act, 1999 (FEMA) is determined by the number of days in India in the preceding financial year (FY) and / or the purpose of stay.

      1. A person is said to be resident in India if he has resided in India for more than 182 days during the preceding FY and:
        • He has gone out of India for purpose other than employment outside India / other than business or vocation outside India / for a certain period or
        • He has come for employment in India / for carrying on business or vocation in India / for an uncertain period.
      2. Similarly, a person is said to be a person resident outside India if he has resided in India for 182 days or less, during the preceding FY and:
        • He has gone out of India for purpose other than employment outside India / other than business or vocation outside India / for a certain period or
        • He has come for employment in India / for carrying on business or vocation in India / for an uncertain period.
      3. When a person comes to India for a purpose other than employment / other than business or vocation / for a certain period, he shall be a person resident outside India irrespective of the number of days he spent in India in the preceding FY.
      4. When a person goes out of India for the purpose of employment / business or vocation / for an uncertain period, he shall be a resident outside India irrespective of the number of days he spent in India in the preceding FY.

      Residential status of other entities:

      The following entities are persons resident in India:

      1. Any person/body corporate registered/incorporated in India
      2. An office, branch or agency in India owned or controlled by a person resident outside India.
      3. An office, branch or agency outside India owned or controlled by a person resident in India.

      Apart from above, all the other entities are considered to be person resident outside India.

      Residential Status under Income Tax Act

      The status of a person as a resident or non-resident depends on his period of stay in India. The period of stay is counted
      in number of days for each financial year beginning from 1st April to 31st March (known as previous year under the Income-tax
      Act). The definition is explained in simple terms as under.

      If an individual who satisfies understated both the conditions of section 6 of the Income-tax Act, then he becomes a Non-Resident.

      ConditionStatus
      1.He is not in India for 182 days or more during the relevant previous year.If yes, then he is a non-resident. (so check the next condition.)
      2.He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during
      the 4 years prior to the previous year.
      If yes, then he is a non-resident.

      If you are not satisfying any of the above conditions to become non-resident, check whether following assists you to become a non-resident.

      Exceptions

      The requirement of stay in India as required in condition 2 above shall not be applicable in the following cases: o If an
      individual, being an Indian citizen leaving India for the purpose of employment outside India or as a member of the crew
      of an Indian ship. o If an individual, being an Indian citizen or person of Indian origin, is on visit to India. In other
      words, the above categorized individuals are non-resident if they satisfy condition “1” alone.

      However, if the above conditions are not satisfied, then a person becomes a resident.

      Resident but not ordinarily Resident (RNOR):

      A person is given a special residential status of RNOR, if he is Resident of India in the previous year and satisfies one of the following conditions:

      ConditionStatus
      1.He is not a resident, as per the above provisions, for at least 9 out of 10 previous years prior to the previous
      year under consideration.
      If yes, he is RNOR
      2.His stay in India during the 7 previous year prior to the previous year under consideration should not be 730
      days or more
      If yes, he is RNOR

      Note: Generally, a person who is returning to India after 9 years or more of stay outside India (and who was non-resident
      for each of the 9 years out of 10 years immediately preceding the year of returning to India under the Act) , may remain
      RNOR for the period of two years.

      Company Formation In Bvi

      Click here to download FAQ

      • Advantage of Business Set in BVI
        • Well planned, developed & growing economy
        • Part of fast growing economy in EU country
        • Strong and well balance country with business growth
        • Well developed banking and financial hub
        • Secured and safe business enviourment
        • Basic business rule and policy in line with international business standard
        • Well developed infrastructure, port, transport facility
        • Liberal Immigration policy
        • Well cultured and educated work force
        • Well connected with EU, Europe, Africa and Asian Market
        • Major hub for MNCs, Trading house and Investment banker
      • Preferred Business Destination

        As per the business study and Government data, major businesses in BVI are:

        • Investment banker, Assets Management Companies & Private Equity Funds
        • International banking and financial Hub
        • Asset Management and remain holding company to avail tax benefits
        • Shipper and Forwarding Agent, onwards exports and Shipment
        • Trading hub – Electronic, Electrical, Computer, Garments & FMCG products
        • Gold, Gems and Jewelry, Diamond studded ornaments
        • Tourism, oil, power, automobiles and EPC contracts
        • Garments, Food grain, Pharma, Perfumes and healthcare products
        • Major Trade with GGC, Asian, African and EU Market
      • Type of Business Entity
        • Limited Liability Company – IBC Company – International Business company
        • BC Company

          We strongly recommend the BC Company considering the nature of business plan in EU and overseas market. It is also commonly known as BC Company and having separate legal entity. In this company, as per norms you will have 100% ownership with you and no need to have any local BVI resident Partner. You will have full liberty and freedom to do business and day to day banking.

          Formation, License fees & time frame normally 3 working days.

          Under the BVI Business Companies Act 2004, companies incorporated in BVI are defined Business Company (BC).
          BVI BC’s are very popular and widely used offshore companies because of their administrative ease, flexibility, taxation exempt status and the fact that they are widely accepted and recognized by the international financial community.
          Formation & time frame – 4 working days

      • Advantage of having Limited Company in Hong Kong
          • 100 % ownership allowed in Company by Foreigners.
          • Zero tax on profit, income, gain and full repatriation allowed
          • Any individual or corporate body (overseas) may incorporate a BVI company.
          • Easy to form and run the business, ware housing & manufacturing in any part of world
          • Minimum One director required to form company and can have more if required
          • No Local Shareholder & Director required to form and manage the company
          • No special approvals are required by foreigner means they are at par with locals.
          • No Restriction or obligation for local employment of work force.
          • No major restrictions on the type of business activities that a company can engage in.
          • No special approvals are required by foreigner means they are at par with locals.
          • No Restriction or obligation for local employment of work force.
          • Minimum paid up capital requirement is USD 1 for a BVI company & Authorized USD 50000
          • Company can issue Ordinary shares
          • Local Registered office required – provided by us.
          • Your presence is not compulsory to form BVI company and open the bank account
          • No audit required at the time of renewal of company

        To Form the company in BVI, you need to appoint professional firm for assistance and complete the formalities of formation of company. We shall provide the same.

      • Minimum requirements for registration of a BVI company
        • One Shareholder either individuals \ Limited entity

          • Know-Your-Client – KYC Norms For individual: Copy of passport, overseas residential address proof, and other KYC information such as personal and business profile, etc.
          • If the shareholder is a corporate entity ( in BVI ) : Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association and Board Resolution.
        • One Director either individuals \ Limited entity

          • The minimum number of directors is one, who may be a natural person or a body corporate. Directors may be of any nationality. Corporate directors are permitted in BVI.
          • Copy of passport and overseas residential address proof
        • Local & nominee Director \ Shareholder – Optional

          • BVI \ offshore Company does not require local BVI resident person.
        • Registered office in BVI

          Company need to have registered office in BVI. We shall provide the registered office address. Post Box No. is allowed to utilize as registered office.

        • Upon receipt of the signed incorporation and supporting documents from you, we will proceed to incorporate the company.
      • Foreign Company Registration Options

        Foreign company plans to have presence in BVI, have the choice of setting up business unit as branch office, subsidiary, or representative office in BVI.

        • BVI\ Overseas Company

          • A separate company formed by shareholder and director of the company. It shall have independent identity. Foreign company shall become shareholder and control it.
        • Subsidiary Company

          • A subsidiary company is a BVI \ Offshore company incorporated in BVI with the parent company as its majority shareholder. For small to mid-size foreign businesses, a subsidiary company is the most preferred choice of registration in BVI.
        • Branch Office

          • A branch office is registered in BVI as an extension of its parent company and not as a separately incorporated entity. The liabilities of a branch office extend to its parent company.
        • Representative Office

          • A representative office is registered in BVI as a temporary arrangement for conducting marketing research activities. A representative office does not have any legal status and cannot be engaged in any profit yielding activities.
      • Business trade License & Banking
        • A BVI Company has all the powers of a natural person. To carry out international business License is not required for BVI Company.The company can do international business in trading, manufacturing, consultancy, investment, marketing and laison work, commission agent, sourcing agent and other major business as permissible under law.
        • Bank account opening

          After successful registration of your BVI Company, you can open a corporate bank account in any of the major banks in BVI such as HSBC, Standard Chartered, Citibank, etc. Many of the banks in BVI these days require physical presence of the company principals as part of the account opening procedure. However it is not compulsory to visit BVI to open the bank account.

          While visit to BVI, you have a wider choice of banks to choose from. In this case, you can explore the features and facilities provided by different banks and decide on the bank that best suits your needs.However you can open the bank account in your home country if allowed. Otherwise many offshore destination allowed to open the bank account of BVI company.

        • While opening the bank account, clients should bring the following documents

          • Original Passport & residence address proof of director & share holder
          • Original BVI company formation documents & Trade License
          • Business profile of director & shareholder
          • Proposed Business plan of the company
          • Bank Reference letter \ statement from existing banker of director – op
      • Income Tax, Dividend and other Benefits
        • In BVI, there is Zero Tax on profit, income, gain and dividend. It is allowed to repatriate full profit. BVI company no need to maintain books and file audited account to any authority at time of renewal.
          BVI needs to do submit the Annual Tax Return to Company Authority every year. However there is zero tax on Income.
        • Other Information – Annual Tax filing

          BVI needs to do submit the Annual Tax Return to Company Authority every year. However there is zero tax on Income.
          To carry out international business License is not required for BVI Company. Filing of annual return is not required

        • For More detail please visit website of Free Trade Zone few are as follows.www.bvifsc.vg www.bvi.org.uk
      • Documents Required For Company Incorporation
        • Director and shareholder – When Individual

          • Copy of passport and
          • Copy of residential address proof such as a recent utility bill \ phone bill
        • Director and shareholder – When Corporate Bodies

          • Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association of parent company and
          • Board Resolution for investment with proposed business plan
        • Please note the following:

          • No Presence of shareholder and directors required for company formation.
          • All documents must be in English or officially translated in English;
          • All copies of documents must be certified true copies by a notary public or self certifying.
          • You can email us the scanned copies of documents so we can proceed with preparing the necessary incorporation documents. However we must receive the certified true copies before we can incorporate the company.
          • Our compliance department may ask for additional information if necessary.
          • Duly filled Company Formation Request Form
      • Company registration procedure and timeline
        • Company registration procedure in BVI is fully computerized. As a result, the incorporation process is quick and efficient. Under normal circumstance, the company can be incorporated in 3 working days.
        • There are two distinct steps involved in the Hong Kong company setup procedure:
          • Company Name Approval and;
          • Company Registration.

          Both steps can be accomplished on the same time.

          Details of directors and shareholders public information in BVI

          Directors and shareholders information is not public information in BVI.

        • Public information about company in Singapore

          Directors and shareholders information is public information in Singapore. It’s listed in the company’s business profile extract available for purchase from Registrar of Companies.

      Company Formation In India

      Click here to download FAQ

      • Advantage of Business set up in India
        • Well Planned economy and developed infrastructure
        • Popular destination for business set up and investment
        • Secured and safe business transaction & Investment Banking
        • Major Multinational bank, Treading house & MNC have set up in India
        • Well cultured and educated work force, Second Largest market in World
        • Well connected with Asian, American, Europe, Far East and GCC Market
        • Major hub for MNCs, FIIs and Investment banker
        • Secured legal environments & Pro active Government Policy
        • Liberal Immigration policies
        • Safe and Stable government, clear FDI policy
        • Majorly allow in all sector more than 51 % equity participation by Foreign National \ MNC
      • Preferred Business Destination

        As per the business study and Government data, major businesses in India are:

        • Manufacturing hub – Steel, Automobile, Telecommunication, Space, Pharma, Textile, Electronic, Electrical, Computer and accessories & FMCG products
        • Investment banker, Assets Management Companies & Private Equity Funds
        • Oil & Gas, Airlines, Shipper, logistic and Forwarding Agent
        • Equipment and mega infra structures
        • Turnkey project and infrastructure
        • Gems and Jewelry, Diamond studded ornaments
        • Travel & Tourism, Ticketing, Electronic Media, Satellites & Broadcasting
      • Type of Business Entity
        • Limited Liability Company – Private Limited Company
        • Limited Liability Partnership Firm – LLP
        • One Person Private Company – OPC ( Not allowed for Foreign National to form )
        • Limited Company

          We generally recommend the Private limited Company considering the nature of business to set up in India. It is also commonly known as Private Limited Company and having separate legal entity. According to India Companies Act, any person (foreign or local) above the age of 18 can register Indian company.

          Foreign companies & entrepreneurs that are keen on exploring the viability of doing business in India will be required to incorporate Indian company as legal entities with the Registrar of Companies and under the Companies Act, 2013, India.

        • Major benefits of Limited Company

          • It has separate Legal entity in law
          • Shareholders are not liable for company’s debts beyond the own share capital

          The Ministry of Corporate Affairs of India (MCA) controls the registration of business firms and incorporation of companies. However, the nature of the actual business activity could be subjected to control and regulation by other Government authorities. India Private Limited Company is companies incorporated under the India Companies Act, 2013.

          In Private Limited Company – minimum 2 shareholders and 2 directors

          In Public Limited Company – minimum 7 shareholders and 3 directors

        • Limited Liability Partnership Firm

          This nature of business unit is having advantage of partnership firm and private limited company. It has been introduced in India LLP was introduced in India through enactment of Limited Liability Partnership Act. A LLP is primarily meant for carrying a profession \ business like accountants, lawyers, architects, business, Real estate etc. where two or more professionals would like to start and build a joint practice in a common field. The partners enter into detailed agreements about share of responsibility, share of profit and management responsibilities. Minimum 2 partners required.

      • Advantage of having Limited Company in India
          • 100/ 74 / 51 / 26 % ownership allowed in Limited Company by Foreigners depend on nature of business activities under Foreign Direct Investment Route.
          • Any individual or business entity (local or overseas) may incorporate Indian company.
          • Easy to form and run the business without visiting India \ Resident Visa.
          • Business Visa \ Employment visa can be availed for owners and his family
          • Minimum Income tax, capital gain tax & withholding tax on dividend. DTAA available
          • No restrictions on the type of business activities that a company can engage in.
          • No special approvals are required by foreigner means they are at par with locals.
          • No Restriction or obligation for local employment of work force.
          • Minimum paid up capital requirement for India company is just INR 100,000\.
          • Local Share holder \ Director \ Company Secretary necessary for compliance

        To Form the company in India, you need to appoint professional firm for assistance and complete the formalities of formation of company. We shall assist for the same.

      • Minimum requirements for registration of a India company
        • In Private Limited Company – minimum 2 shareholders and 2 directors – Capital INR. 100,000\
        • In Public Limited Company – minimum 7 shareholders and 3 directors – Capital INR. 500,000\-
        • Shareholder either individuals \ Limited entity

          • Know-Your-Client – KYC Norms For individual: Copy of passport, overseas residential address proof, KYC information such as personal and business profile, etc.
          • If the shareholder is a corporate entity: Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association and Board Resolution.
        • Director either individual \ Limited entity

          • The minimum number of directors is one, who may be a natural person or a body corporate. Directors may be of any nationality, and need not be resident in India.
          • Corporate directors are permitted.
        • Local Director \ shareholder – Optional

          • Singapore company does not required to have local Hong Kong resident director & shareholder. It is optional.
          • At least one of director must be ordinarily resident in Singapore. i.e. Singaporean/ Singapore Permanent Residence (PR)/ Singapore Employment Pass Holder. We shall assist to arrange the same.
        • Local Director \ shareholder \ Company Secretary – Compulsory

          • India Company requires to have local India resident director, shareholder and company secretary. We shall assist to arrange the same
          • At least one of director must be ordinarily resident in India. i.e. Indian/ India Permanent Residence (PR)/ India Employment Pass Holder. We shall assist to arrange the same.
        • Registered office in India

          Company need to have registered office in India. We shall provide the registered office address. Post Box No. is not allowed to utilize as registered office.

        • Qualified Company Secretary

          Company need to appoint company secretary to keep and update the secretarial records and minutes of the meeting. It also requires to submit the necessary documents with Registrar of Companies on yearly basis. We shall provide the company secretary.

        • Upon receipt of the signed incorporation and supporting documents from you, we will proceed to incorporate the company with Registry of Companies.
      • Foreign Company Registration Options

        Foreign company plans to have a presence in India, have the choice of setting up business unit as branch office, subsidiary or representative office in India.

        • Private Limited Company

          • A separate company formed by shareholder and director of the company. It shall have independent identity in company law. Foreign company shall become shareholder and control it.
        • Subsidiary Company

          • A subsidiary company is a private limited company incorporated in India with the parent company as its majority shareholder. For small to mid-size foreign businesses, a subsidiary company is the most preferred choice of registration in India.
        • Branch Office

          • A branch office is registered in India as an extension of its parent company and not as a separately incorporated entity. The liabilities of a branch office extend to its parent company.
        • Representative Office

          • A representative office is registered in India as a temporary arrangement for conducting marketing research activities. A representative office does not have any legal status and cannot be engaged in any profit yielding activities.
      • Business trade License & Banking
        • The nature of the actual business activity could be subject to control and regulation by other Government authorities.
          Company need to obtain PAN – Income tax Number and VAT \ Service Tax registration before carry out business in India.
          Depending on your company’s business activities, you may need to obtain one or more business licenses after you have incorporated your company but before you can commence your business operations. Fortunately, very few business activities require such a license. Generally, it may take between 2 weeks to 2 months to get a license or permit. Examples of business activities that require a business license(s) include restaurants, educational institutes, travel agencies, financial services, import/export of goods, etc.
        • Bank account opening

          After successful registration of your India company, you can open a corporate bank account in any of the major banks in India such as State Bank, Bank of India, HSBC, Standard Chartered, Citibank, HDFC Bank, ICICI bank, etc. Many of the banks in India these days require physical presence of the company principals as part of the account opening procedure.

          While visit to India, you have a wider choice of banks to choose from. In this case, you can explore the features and facilities provided by different banks and decide on the bank that best suits your needs.

        • While opening the bank account, clients should bring the following documents

          • Original Passport & residence address proof of director & share holder
          • Original India company formation documents
          • Business profile of director & shareholder
          • Proposed Business plan of the company
          • Bank Reference letter \ statement from existing banker of director – optional
      • Income Tax, Dividend and other Benefits
        • Income Tax

          India has arrangement with a number of jurisdictions for double taxation relief of Export, shipping or airline income. It has also comprehensive double tax avoidance agreements ( DTAA ) with many countries to relieve taxation on income, for instance, dividends, interest and royalties. Therefore, businesses operating in India do not generally have problems with double taxation of income.

        • Tax Rates

          Income tax is Flat rate of 30 % plus surcharges. Minimum Alternate Tax also application where tax exemption and benefits availed.

        • Other Income – Capital Gain

          • India capital gains tax or withholding tax: 10 \ 20 % capital gains tax
        • Dividend

          • India does levy a withholding tax on dividends.
          • Dividends paid by a India Private Limited Company are tax exempt in hand of Shareholders
            Interest, royalties or rental of equipment payments to non-residents are subjects to a withholding tax.

          Interest, royalties or rental of equipment payments to non-residents are subjects to a 15% withholding tax.

        • For More detail please visit website www.incometaxindiaefiling.gov.in For More detail please visit website www.incometaxindia.gov.in
        • Other Information – Annual filing requirements for India companies

          Once your Indian Company has been incorporated, the Companies Act dictates certain annual filing requirements and formalities. For more details on this, see annual filing requirements for India companies.

          The company law requires that each company formed in India must file its accounts (audited) with the Registrar of Companies of India on an annual basis.

          For More detail please visit website of Accounting and Corporate Regulatory Authority of Singapore.

          For More detail please visit website of Company Registrar

      • Documents Required For Company Incorporation
        • Director and shareholder – When Individual

          • Copy of passport and
          • Copy of residential address proof such as a recent utility bill, phone bill & Driving License
        • Director and shareholder – When Corporate Bodies & Nominee Director

          • Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association of parent company and
          • Board Resolution for investment with proposed business plan

          For each Singapore resident individual director

          • Copy of India Adhar Card, ID proof, PAN Card and Address proof
        • Please note the following:

          • All documents must be in English or officially translated in English.
          • All copies of documents must be certified true copies by a notary public or self certifying or you must bring the originals to India office for sighting.
          • You can email us the scanned copies of documents so we can proceed with preparing the necessary incorporation documents. However we must receive the certified true copies before we can incorporate the company.
          • Our compliance department may ask for additional information if necessary.
          • Duly filled Company Formation Request Form
      • Company registration procedure and timeline
        • Company registration procedure in India is fully computerized. As a result, the incorporation process is quick and efficient. Under normal circumstance, the company can be incorporated in 15-20 working days.
        • There are three distinct steps involved in the India company setup procedure:
          • Apply and obtain Digital Signature and Director Identification Number of Director
          • Company Name Approval and;
          • Company Registration. – submit MOA & AOA, shareholder & director list, Registered office address proof. All document duly signed by shareholders.
        • Public information about company in India

          Directors and shareholders information is public information in India. It’s listed in the company’s business profile extract available for purchase from Registrar of Companies.

      Company Formation In China

      Click here to download FAQ

      • Advantage of Business set up in China
        • Well Planned economy and developed infrastructure
        • Popular destination for business set up and investment
        • Secured and safe business transaction & Investment Banking
        • Major Multinational bank, Trading house & MNC have set up in China
        • Well cultured and educated work force, Second Largest market in World
        • Well connected with Asian, American, Europe, Far East and GCC Market
        • Major hub for MNCs, FIIs and Investment banker
        • Secured legal environments & Pro active Government Policy
        • Liberal Immigration policies
        • Safe and Stable government, clear FDI policy
      • Preferred Business Destination

        As per the business study and Government data, major businesses in China are:

        • Manufacturing hub – Steel, Automobile, Telecommunication, Space, Pharma, Textile, Electronic, solar, Electrical, Computer and accessories & FMCG products
        • Investment banker, Assets Management Companies & Private Equity Funds
        • Oil & Gas, Airlines, Shipper, logistic and Forwarding Agent
        • Equipment and mega infra structures
        • Turnkey project and infrastructure
        • Gems and Jewelry, Diamond studded ornaments
        • Travel & Tourism, Ticketing, Electronic Media, Satellites & Broadcasting
      • Type of Business Entity
          • WFOE- Wholly Foreign Owned Enterprises Company – Private Limited Company

        Different types of WFOE

          • WFOE – Manufacturing
          • WFOE – Consultancy and Sourcing, Service and Maintaince
          • FICE – Foreign Invested Commercial Enterprise – Trading, Wholesale and retai

        Limited Company

        We generally recommend the Private limited Company considering the nature of business to set up in China. It is also commonly known as Private Limited Company and having separate legal entity.

        Foreign companies & entrepreneurs that are keen on exploring the viability of doing business in China will be required to incorporate China company as legal entities. It is a chinese limited liability company, wholly owned by one or foreign investors and established entirely with foreign capital.

        No minimum registered capital is required for WFOEs with scope of business of consulting, Trading, retailing, information technology etc. in China. There are minimum registered capital still required for some industries for instance: Banking, Forwarding etc.

        Since China still maintains foreign currency control policy, it’s still advisable to choose registered capital within RMB 100,000 ~ RMB 500,000 as the minimum registered capital for Consulting WFOE, Service WFOE, Hi-Tech WFOE registration . (Investor could inject the above capital within 2-10 years).

        WFOE can be form in Shanghai, Beijing, Shenzhen, Guangzhou, Hangzhou, Ningbo, Suzhou, Chengdu, Chongqing, Wu han and many cities of China.

        Major benefits of Limited Company

        • It has separate Legal entity in law
        • Shareholders are not liable for company’s debts beyond the own share capital
      • Advantage of having Limited Company in China

        Independence and freedom to implement the worldwide strategies of its parent company without having to consider the involvement of the Chinese partner,

        Ability to formally carry out business rather than just function as a representative office and being able to issue invoices to customers in RMB and receive revenues in RMB,

        Capability of converting RMB profits to US dollars for remittance to its parent company outside of China,

        Protection of intellectual know-how and technology,

        Full control of human resources

        Greater efficiency in operations, management and future development.

        Investor’s parent company does not have to be established for more than 2 years while for Representative Office, it’s parent company is required to have been established for more than 2 years.

        100% ownership allowed in Limited Company by Foreigners.

        Any individual or business entity may incorporate China company.

        Easy to form and run the business without China Resident Visa.

        Business Visa \ Employment visa can be availed for owners and his family

        No restrictions on the type of business activities that a company can engage in.

        No special approvals are required by foreigner means they are at par with locals.

        No Restriction or obligation for local employment of work force.

        No Local Share holder \ Director \ Company Secretary necessary.

        To Form the company in China, you need to appoint professional firm for assistance and complete the formalities of formation of company. We shall assist for the same.

      • Minimum requirements for registration of a China company

        Shareholder either individuals \ Limited entity

          • Minimum shareholder is one. Know-Your-Client – KYC Norms For individual: Copy of passport, overseas residential address proof, KYC information such as personal and business profile, etc.
          • If the shareholder is a corporate entity: Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association and Board Resolution.

        Director either individual \ Limited entity

          • The minimum number of directors is one, who may be a natural person or a body corporate. Directors may be of any nationality, and need not be resident in China.
          • Corporate directors are permitted.

        Local Director \ shareholder \ Company Secretary – Not Compulsory

          • China Company does not require to have local China resident director, shareholder and company secretary.

        Registered office in China

        Company need to have registered office in China. We shall provide the registered office address. Post Box No. is not allowed to utilize as registered office.

        Qualified Company Secretary

        Company need to appoint company secretary to keep and update the secretarial records and minutes of the meeting. It also requires to submit the necessary documents with Registrar of Companies on yearly basis. We shall provide the company secretary.

        Upon receipt of the signed incorporation and supporting documents from you, we will proceed to incorporate the company.

      • Foreign Company Registration Options

        Foreign company plans to have a presence in China, have the choice of setting up business unit as branch office, subsidiary or representative office in China.

        • Private Limited Company

          • A separate company formed by shareholder and director of the company. It shall have independent identity in company law. Foreign company shall become shareholder and control it.
        • Subsidiary Company

          • A subsidiary company is a private limited company incorporated in China with the parent company as its majority shareholder. For small to mid-size foreign businesses, a subsidiary company is the most preferred choice of registration in China.
        • Branch Office

          • A branch office is registered in China as an extension of its parent company and not as a separately incorporated entity. The liabilities of a branch office extend to its parent company.
        • Representative Office

          • A representative office is registered in China as a temporary arrangement for conducting marketing research activities. A representative office does not have any legal status and cannot be engaged in any profit yielding activities.
      • Business trade License & Banking
        • The nature of the actual business activity could be subject to control and regulation by other Government authorities.
          Company need to obtain Tax Number and VAT registration before carry out business in China.

          After formation, you shall apply and obtain

        • Business License issued from State Administration of Industry and Commerce,
        • Chops issued and made by Public Security Bureau,
        • Organization Code License issued by Technical Supervision Bureau,
        • Tax Certificate issued by Taxation Bureau,
        • Financial Certificate License issued by State Administration of Foreign Exchange,
        • Foreign currency and RMB bank account,
        • Capital Verification report issued by Chinese auditor,
        • Statistics license registration,
        • Import/Export license,
        • VAT license
        • Generally, it may take between 2 weeks to 2 months to get a license.
        • Bank account opening

          After successful registration of your China company, you can open a corporate bank account in any of the major banks in China such as HSBC, Standard Chartered, Citibank, DBS, OCBC, UOB, etc. Many of the banks in China these days require physical presence of the company principals as part of the account opening procedure.

          While visit to China, you have a wider choice of banks to choose from. In this case, you can explore the features and facilities provided by different banks and decide on the bank that best suits your needs

        • While opening the bank account, clients should bring the following documents

          • Original Passport & residence address proof of director & share holder
          • Original China company formation documents
          • Business profile of director & shareholder
          • Proposed Business plan of the company
          • Bank Reference letter \ statement from existing banker of director – optional
      • Income Tax, Dividend and other Benefits
          • Income Tax

            China’s new corporate tax rates range from15% to 25%. (rate depends on the places where the company is registered and the industry that a company engaged). All enterprises are required to report to the Tax Administration Department monthly, quarterly and annually. We shall provide part time accounting services for our clients.

            A WOFE is also required to submit yearly tax filings with annual audited financial statements to central tax authority. Because of this, we will help our clients to arrange local auditor and issue annual auditor report and financial statements and file to central tax authority.

            For More detail please visit website of Inland Revenue Authority of China.

          • Tax Rates

            Zero tax for new China companies on the first S $ 100K annual profits for the first 3 years

            • All companies to enjoy 8.5% corporate tax rate for profits up to S $ 300K
            • Overall company tax rate lowered to flat 17%
          • Other Income

            • Capital Gain
            • China capital gains tax or withholding tax: No capital gains tax

        Other Information

        Annual filing requirements for China companies

        • Any limited companies in China should summit annual audit report to the relevant authorities. Any company will be subject be to a fine if the Annual Audit Report is not submitted in a timely manner.
      • Documents Required For Company Incorporation
        • Director and shareholder – When Individual

          • Copy of passport and
          • Copy of residential address proof such as a recent utility bill, phone bill & Driving Licensel
        • Director and shareholder – When Corporate Bodies & Nominee Director

          • Copy of registration documents such as Certificate of Incorporation and Memorandum & Articles of Association of parent company and
          • Board Resolution for investment with proposed business plan.
        • Please note the following:

          • All documents must be in English or officially translated in English.
          • All copies of documents must be certified true copies by a notary public or self certifying or you must bring the originals to China office for sighting.
          • You can email us the scanned copies of documents so we can proceed with preparing the necessary incorporation documents. However we must receive the certified true copies before we can incorporate the company.
          • Bank Reference Letters from investor’s bank (declare a good standing)
          • Our compliance department may ask for additional information if necessary.
          • Duly filled Company Formation Request Form.
      • Company registration procedure and timeline
        • Company registration procedure in China is fully computerized. As a result, the incorporation process is quick and efficient. Under normal circumstance, the company can be incorporated in 30 working days.
        • There are two distinct steps involved in the China company setup procedure:
          • Company Name Approval and;
          • Company Registration. – submit MOA & AOA, shareholder & director list, Registered office address proof. All document duly signed by shareholders.
        • Public information about company in China

          Directors and shareholders information is public information in China. It’s listed in the company’s business profile extract available for purchase from Registrar of Companies.