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Rajesh (NA)     11 October 2013

Does a us-registered llc pay corporate taxes in india?

Hi Everyone,

I have a complicated question about corporate taxation. What I already know is that if a company incorporated abroad/outside India has its complete management living/based in India then it has to pay corporate taxes to India. But if 1 person living in India registers/manages an LLC(Limited Liability Company) in the USA, does that also mean that it has to pay corporate taxes to India? 
A few points to note:

  1. An LLC is not a corporation according to the American Corporate Law(or in Indian legal terms NOT an incorporated-company)
  2. The process of forming an LLC is called "Formation" or "Registration" NOT "Incorporation"
  3. An LLC is not an incorporated body according to the American Corporate Law(its just a registered form of business which has limited liability)
  4. An LLC doesn't have a board of directors and issues NO share(s). It also has NO share capital.
  5. According to the American Law, an LLC is treated as a sole proprietorship(if owned by 1 person) or a partnership(if owned by more than 1 person) for taxation purposes and therefore is considered as a disregarded entity not an incorporate entity. Only incorporated bodies (such as Corporations) pay Corporate Taxes.


So does the above type of business qualify as a company in India, in order to pay corporate taxes?

Also plz. don't confuse the term "Company" in LLC as every type of business(SP, Partnership, LLP,LP, LLC) is called a company in the USA.

 



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