GST Services

Migration to GST (Provisional and Final)

  • Assist to resolve queries related to migration
  • Assess need for separate registration in different states
  • Assistance in obtaining provisional and final certificate of registration in one and multiple states
  • Advise on framework of CGST, IGST and SGST Laws

Training

  • Training sessions on GST Concept & Mechanism
  • Input Tax Credit and Documentation
  • Branch Accounts & Records
  • Invoicing under GST
  • Place of Supply and Location of Supplier Rules
  • Filing of GST Returns

Application of Place of Supply Rules

  • Examine ‘Place of Supply’ for each transaction as per ‘place of supply’ Rules’
  • Classify transactions as inter or intra-state based on ‘place of supply’ rules
  • Determine GST liability for each transaction – whether (CGST +SGST) or IGST?

Input Tax Credit

  • Resolve the queries related to flow of Input Tax Credit in the supply chain of XYZ India
  • Advise on best practices/documentation to ensure easy availability of Input Tax Credit throughout the supply chain

Treatment of Common Services

  • GST shall be applicable on Common Services from Head Office to different branches/ factories
  • Identify Common Services (Finance, HR, Tax etc) being performed from Head Office
  • Valuation of Common Services
  • Determine GST Liability on common services
  • Assist in claiming of credits with respect to common services
  • Evaluate need for registering as Input Service Distributor

‘Pricing Impact’

  • Assess GST Impact on Revenue and Procurement Streams
  • Undertake thorough supply chain analysis and map input and output taxes
  • Map tax impact from current regime to GST Regime – draw up a comparative statement for current vs GST Regime
  • Assess credit differentials
  • Determine tax savings and elimination of dead costs
  • Evaluate price reduction impact
  • Assist the Company in steering safe of anti-profiteering action

‘Transition of Input Tax Credits from Current to GST Regime’

  • Provide guidance on conditions for transition of credits
  • Provide practical recommendations to ensure that maximum credits are transferred
  • Assist in capturing maximum credits under last Service Tax Return
  • Assist in laying down the process for pending refund claims, if any

Accounting for Branches

  • Assist in maintenance of separate accounts for each registered person
  • Guidance on kinds of accounts to be maintained for each branch office
  • Assist in Integration of Branch Accounts with Company Accounts/ Accounting software

Classification of goods/ services

  • Assist in putting in place list of HSN Codes for goods and services involved in outward & inward supply
  • Put in place list of Service Accounting Codes for Services involved in outward & inward supply

Invoicing

  • Advise on best practices on invoicing under GST (when to invoice, treatment of advance payments etc)
  • To put in place the process for making revision in values of outward supplies already invoiced by issue of Supplementary Invoice or Debit & Credit Notes.
  • To put in place the process for gathering contents for issue of invoices, supplementary invoices, debit & credit notes, receipt for advance payments from customers

GST Returns and Advisory Services

  • Assist in putting in place process for gathering data & documents for inward and outward details, monthly returns and annual returns.
  • To put in place the process for gathering data & documents for annual return & reconciliation Statement between Financial Statements & Returns

Corporate & Commercial

Corporate & Regulatory

  • Identity the “best fit” organizational form for Indian operations & assistance in incorporation
  • Advising on investment structures & instruments
  • Designing appropriate operating model to identity flow of goods / services
  • Obtaining regulatory clearances from Government agencies
  • Assistance in filings and regular compliances
  • Representation to regulatory authorities
  • Compliance audits
  • Commercial contracts: agency, distribution, licence, franchise, consultancy, employment, joint venture agreements
  • Acquisitions & Mergers: due diligence, asset / business/corporate acquisition through contractual arrangements & judicial processes

Corporate Finance

  • Due Diligence
  • Structuring of financing transaction based on regulatory framework and commercial needs
  • Regulatory and compliance issues relating to transactions including foreign exchange laws, corporate and third party approvals
  • Advise on creation, perfection and enforcement of security
  • Drafting & negotiation of financing and security documents
  • Listing of debt instruments

Private Equity

  • Structuring of investment vehicle/fund
  • Vendor / investor due diligence
  • Structuring of investment including nature of instrument
  • Regulatory and compliance issues relating to transactions including foreign exchange laws, corporate and third party approvals
  • Drafting & negotiation of financing and security documents
  • Implementation of exit strategy
  • Investment restructuring

Real Estate

  • Due Diligence and reports on title and licenses
  • Licensing & compliance
  • Negotiation & documentation:
    1. Sale & purchase
    2. Development & construction
    3. Leasing & license
    4. Operations & management & concessions
  • Tenancy issues
  • Financing documentation
  • Securitisation of real estate portfolios

International Taxation

International Taxation

  • Optimization of global tax cost
  • Choice of most favourable tax jurisdiction
  • Review of permanent establishment exposures
  • Review of tax incidence/ withholding obligations for payment streams
    (royalty, fee for technical services, interest, dividend and capital gains)
  • Issues surrounding attribution of profits to permanent establishment
  • Tax support services for employee mobility programs
  • Review of implications under Double Tax Avoidance Agreements entered into by India
  • Any other aspect pertaining to international taxation laws   

Transfer Pricing

Transfer Pricing

  • Planning for inter-company transactions (services, goods and intangibles)
  • Due diligence – comprehensive review of existing Transfer Pricing control framework
  • Transfer Pricing Documentation under Indian Tax Code
  • Domestic Transfer Pricing planning (for specific transactions)
  • Drafting and review of inter-company agreements
  • Tax Provisions Review for Transfer Pricing
  • Global Core Documentation
  • Local Country Transfer Pricing Reviews
  • Litigation support at all forums (administrative, tax tribunal and higher appellate Courts)

Regulatory Services

Regulatory Services

  • Identify the “best fit” form of organization for Indian operations
    (Partnership/ Limited Liability Partnership/ Private Limited Company/ Branch Office/ Project Office/ Liaison Office)
  • Use of a foreign holding company structure [ in case of foreign investments ]
  • Designing appropriate operating model to identify flow of goods/services
  • Designing of financing structures – use of equity, debt and quasi-equity instruments
  • Obtaining regulatory clearances from Government agencies

Litigation Support

All tax advice and planning is ultimately tested in the Court of Law. It is our endeavor to provide not only the best of tax planning advice but also extend professional assistance in meeting the litigation challenge at all levels – Administrative, Tax Tribunal, Authority for Advance Rulings and higher Appellate Courts (High Court and Supreme Court). Towards this end, available at Amicus is a team of dedicated professionals who can assist you at each stage to provide ground breaking solutions to the most complex international tax and transfer pricing disputes.

We cover the following forums for tax litigation:

  • Administrative level [Assessing Officer/ Transfer Pricing Officer (specialized cell for Transfer Pricing audit)]
  • Dispute Resolution Panel/ Commissioner Appeals
  • Tax Tribunal
  • Higher Appellate Authorities – High Court and Supreme Court

Our Services include:

  • Formulating defense strategy
  • Drafting and filing of submissions
  • Representation before tax authorities
  • Engaging and briefing counsel to argue high profile matters

Alternative Dispute Resolution

Authority for Advance Rulings (‘AAR’)

In order to ascertain income-tax liability of a non-resident well in advance and to avoid long drawn and expensive litigation, the scheme of Advance Rulings is available under the Indian Tax Code. Any non-resident person whether individual, company, firm, association of persons or other body corporates can make an application for seeking an advance ruling in respect of his/its tax liability. Similarly, certain category of residents can also seek advance rulings.

Amicus provide the following services in relation to AAR:

  • Evaluating Feasibility of AAR route
  • Drafting of Briefs
  • Representation before AAR

Competent Authority Procedure

Tax treaties allow designated representatives (the ‘competent authorities’) from the Governments of Contracting States tointeract with the intent to resolve international tax disputes. These disputes involve cases of double taxation(juridical and economic) as well as inconsistencies in the interpretation and application of a convention.

Amicus provide the following services in relation to MAP:

  • Evaluating feasibility of MAP route;
  • Filing of application for initiating Competent Authority Negotiation process;
  • Documentation to support MAP application; and
  • Assistance in time to time discussion with Competent Authority