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Expert Cross-Border Tax Advisory – US-India Income and Investments

Services Overview

Departure Briefings

This consultation covers both US and IN tax implications on departure from India to the US. Apart from the general aspects, this would cover special topics such as tax treaty implications, foreign tax credits, taxation of ESOPs/RSUs, taxation of IN mutual funds (PFIC)/PF/PPF/ NPS from US perspective, FEMA etc.

Arrival/Repatriation Briefings

This consultation covers both US and IN tax implications on return from US to India. The implications would significantly vary in case of US citizens / Green card holders and foreign nationals other than Green card holders. Apart from the general aspects, this would cover special topics such as tax treaty implications, foreign tax credits, taxation of ESOPs/RSUs, taxation of US retirement accounts such as 401(k), IRA etc. from IN perspective, FEMA etc.

FEMA

The Foreign Exchange Management Act (FEMA) governs cross-border financial transactions and investments for individuals in India. It impacts Non-Resident Indians (NRIs) and foreign nationals by setting rules for maintaining bank accounts, buying property, and remitting funds in or out of India.

US Gift and Estate taxes

The US imposes gift and estate taxes on the transfer of wealth during a person’s lifetime or upon death. Understanding these implications are vital if you are intending to invest in the US

ESOP

Employee Stock Ownership Plans (ESOPs) / RSUs can have complex tax implications for cross-border employees. The taxation of ESOPs typically occurs at two key points: when the options are exercised and when the shares are sold. For cross-border employees, the taxation may vary based on their residency status and the tax treaties between the countries involved.

Partnership Income

US partnerships are generally pass throughs whereas Indian partnerships are not. This poses several practical challenges in the taxation aspects in each country.

Tax Litigation

Involves representation services in case of assessments. Assistance with respect to filing of appeals in appellate forums.

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