INDIA ENTRY & SET-UP ADVISORY

India Entry Strategy Consulting for Foreign Companies

Choose the right way to enter India from the start. Our India entry strategy team helps foreign companies compare a subsidiary, joint venture, LLP, liaison, branch or project office, clear FDI and RBI requirements, and set up a compliant structure that is tax-efficient.

30+countries our clients come from
80+professionals: CAs, CSs, MBAs and accountants
6entry routes we evaluate for every client
426client engagements completed in the last 5 years
01

What Is an India Entry Strategy?

An India entry strategy is the plan that decides how your company will operate in India: the legal form, the FDI route, the approvals needed, the tax position and the order in which everything is set up.

India continues to attract strong foreign direct investment, and it offers foreign businesses a large market, a deep talent pool and a growing manufacturing base. But the accounting, tax and regulatory environment is complex. Depending on your sector and activity, you may need government approvals before you start, and the mode of entry you choose affects your liability, control, tax cost and ability to repatriate profits for years to come.

If you are still deciding whether India is right for your business, start with an India market assessment. Once the answer is “Go”, an entry strategy turns that decision into a structure you can register, staff and run.

02

Why the Right Mode of Entry Matters

  • FDI rules decide what is possible. Most sectors allow 100% foreign ownership under the automatic route, but some carry sectoral caps or need prior government approval. Investors from countries that share a land border with India need government approval under Press Note 3 (2020).
  • Each structure is taxed differently. A branch office is taxed as a foreign company, while a subsidiary is taxed as an Indian company and can opt for concessional rates. Profit repatriation, dividends and transfer pricing all depend on this choice.
  • Permanent establishment risk is real. Employees, agents or a fixed place of business in India can create a taxable presence for the parent company. Good structuring manages that PE risk from the outset.
  • Changing structure later is costly. Converting a liaison office into a subsidiary, or restructuring a joint venture, takes time, approvals and professional fees. It pays to get it right the first time.
03

Setting Up as an Indian Entity

These structures create a separate Indian legal entity. They suit businesses that plan to earn revenue, hire staff and operate in India for the long term.

1

Wholly Owned Subsidiary

A wholly owned subsidiary (WOS) gives the foreign parent full control with limited liability. It is usually set up as a private limited company, which needs at least two shareholders, two directors and one director resident in India. This is the most common route for SMEs and multinationals.

Company registration in India →

2

Joint Venture

A joint venture brings together a foreign investor and an Indian partner. An Indian partner can bring an established distribution network, financial resources, local relationships, and access to sectors where foreign ownership is capped. JVs can be incorporated as a company or, for specific projects, run as an unincorporated consortium.

Joint venture advisory →

3

Limited Liability Partnership

An LLP combines the flexibility of a partnership with a separate legal identity and limited liability. FDI in LLPs is allowed under the automatic route in sectors that permit 100% automatic-route FDI without performance conditions. Compliance is lighter than for a company, but LLPs suit fewer business models, so we test the fit carefully.

04

Operating in India as a Foreign Company

A foreign company can also operate in India without incorporating a new entity, through an office approved under FEMA and set up through an Authorised Dealer bank.

4

Liaison Office

A liaison office (LO) is a representative office. It can promote the parent's products, gather market information and act as a communication channel with Indian customers, but it cannot earn income in India. Running costs must be met through remittances from the parent. RBI norms require the parent to have a profit track record and a minimum net worth.

5

Branch Office

A branch office (BO) can carry out the same or similar activities as its parent, such as trading, professional services, IT services and research. It is generally not permitted to manufacture directly, though it can sub-contract manufacturing to an Indian company. A BO is taxed in India as a foreign company.

6

Project Office

A foreign company that has won a specific contract in India can open a temporary project office (PO). If prescribed conditions are met, no prior RBI approval is needed. A PO can only carry out activities related to that project, and surplus funds can be repatriated once the project is complete.

05

India Entry Routes Compared

RouteCan earn revenue?LiabilityKey approvalBest suited for
Wholly Owned SubsidiaryYesLimitedAutomatic route in most sectors; incorporation with MCALong-term operations with full control
Joint VentureYesLimited (if incorporated)As for a subsidiary, plus JV agreementShared risk, local partner, capped sectors
LLPYesLimitedAutomatic route in eligible sectors onlyService businesses with simple structures
Liaison OfficeNoParent liableRBI approval through an AD bankTesting the market, representation
Branch OfficeYesParent liableRBI approval through an AD bankExtending the parent's existing business
Project OfficeProject onlyParent liableOften no prior approval if conditions are metExecuting a specific Indian contract

Not ready to set up an entity? An Employer of Record in India lets you hire your first employees legally while you decide on the long-term structure.

06

Our India Entry Process

Discovery & Objectives

We understand your business model, India goals, timelines, funding and the activities you plan to carry out.

FDI & Regulatory Check

We confirm the sector's FDI route and caps, Press Note 3 applicability, and any licences or approvals your activity needs.

Structure & Tax Design

We compare entry routes on control, liability, tax, PE exposure and repatriation, and recommend the best option.

Approvals & Incorporation

We prepare and file the incorporation or RBI application, including DSCs, name approval, SPICe+ forms and bank coordination.

Post-Entry Registrations

We handle PAN/TAN, GST, Shops & Establishment, IEC, bank accounts, and FEMA reporting such as Form FC-GPR.

Ongoing Compliance

We provide accounting, payroll, company secretarial work, annual FLA returns and tax filings, so your India entity stays compliant.

07

Who We Help Enter India

US & Canadian companiesUK & European SMEsMiddle East & Asia-Pacific groupsTechnology & SaaS firmsManufacturers & “China+1” investorsProfessional services firmsPE-backed portfolio companiesGlobal capability centres (GCCs)

Planning to build a plant? See our manufacturing set-up in India support.

08

Why Choose AAPT & Associates for India Entry

  • CA-led, Big 4-trained team. Our partners bring 14+ years each in audit, tax and advisory for multinational clients.
  • Strategy and execution together. One team handles structuring, incorporation, FEMA filings, tax and ongoing compliance.
  • Tax built in from day one. Every structure is tested for international tax, DTAA benefits, transfer pricing and PE exposure.
  • Experience with foreign clients. We have supported clients from over 30 countries, with clear English reporting and time-zone-friendly calls.
  • Single point of contact. A dedicated manager coordinates every bank, regulator and registration.
  • Transparent scoping. A fixed scope and timeline before work begins, with no surprises.

Discuss Your India Entry Plan

09

Frequently Asked Questions

What is the best way for a foreign company to enter India?
There is no single best route. Most foreign companies that plan to earn revenue and hire in India choose a wholly owned subsidiary (private limited company). A liaison office suits market testing, a branch office suits extending an existing business, and a joint venture suits sectors with FDI caps or where a local partner adds value. The right choice depends on your sector, activities, tax position and long-term plans.
Can a foreign company own 100% of an Indian company?
Yes, in most sectors. Many sectors allow 100% FDI under the automatic route without prior government approval. Some sectors have caps or need government approval, and investors from countries that share a land border with India need approval under Press Note 3 (2020).
What is the difference between a liaison office and a branch office?
A liaison office can only carry out representative activities, such as promotion and information gathering, and cannot earn income in India. A branch office can carry out commercial activities similar to its parent and earn revenue, but it is taxed as a foreign company and generally cannot manufacture directly.
How long does it take to set up a subsidiary in India?
Once documents are ready, incorporation of a private limited company through the SPICe+ process typically takes a few weeks. Overall timelines depend on how quickly foreign documents are notarised and apostilled, name approval, and bank account opening. We share a clear timeline at the start of every engagement.
Does a foreign subsidiary need a resident director in India?
Yes. Under the Companies Act, 2013, every company must have at least one director who has stayed in India for at least 182 days during the financial year. We can advise on how to meet this requirement.
What compliance is required after entering India?
Typical ongoing compliance includes FEMA reporting (such as Form FC-GPR and the annual FLA return), ROC annual filings, income tax and GST returns, TDS, payroll compliance, statutory audit and, where applicable, transfer pricing documentation. Liaison and branch offices also file an Annual Activity Certificate.

Further reading: How to set up a company in India: a step-by-step guide · Crafting successful market entry strategies for India

Planning to enter India? Get the structure right first.

Tell us about your business and your India plans. Our team will recommend the most suitable entry route and outline the approvals, timeline and compliance involved, at no cost and with no obligation.

Book a Free India Entry Consultation