No, LLPs cannot be incorporated using SPICe forms
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No, LLPs cannot be incorporated using SPICe forms
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On approval of SPICe forms, the Certificate of Incorporation (CoI) is issued with PAN as allotted by the Income Tax Department. An electronic mail with Certificate of Incorporation (CoI) as an attachment along with PAN and TAN is also sent to the user. Further PAN card shall be issued by the Income Tax Department.
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Control includes the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner.
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E-form 3 and E-form 4 are required to be filed for appointment of new and resignation of existing partners within 30 days of such cessation or appointment. If filed during the first 30 day, no fee will be levied; there is an additional fee thereafter.
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Like physical documents being signed manually, electronic documents(such as e-forms) are required to be signed digitally using a Digital Signature Certificate (DSC).
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Any person intending to become a director in an existing company shall file Form DIR-3 and the same gets processed by the Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs). Further, the person who is appointed as a director upon filing Form SPICe INC-32 (which is a Simplified Proforma for Incorporating Company Electronically) will be issued a unquie 8-digit DIN by the approving authority (Central Registration Centre).
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No, only those persons who will be signing the e-Forms on behalf of the Company are required to register their DSC on the MCA portal.
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Digital Signatures (DS) are legally admissible in the Court of Law, as provided under the provisions of IT Act, 2000.
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Form INC-6 has to be filed within 30 days of voluntary conversion of One-Person Company after two years of its incorporation and within six months of mandatory conversion (in case paid up share capital of an One-Person Company exceeds INR50 lakhs or its average annual turnover).
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You can explore the option of either opening
(1) Liaison Office or
(2) Project Office
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A constituent entity means
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An inbound CE is required to file CbCR in India if:
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As per the section 286(4) of the Income Tax Act, if the ultimate parent entity, resides in a country where CbCR is not required to be filed and the group has not opted for a surrogate filing, then the entity will be obligated to file a CbCR in India.
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Every constituent entity is required to file Part A of the Form 3CEAA and Part B is to be filed by entitles that fall in the mentioned criteria. However, in case there are more than two CEs resident in India of an international group, any one CE resident in India can be designated to file Form 3CEAA (both Part A and B) on behalf of other CEs operating in India (including non-resident CEs operating in India) by way of an intimation in Form 3CEAB.
For instance, an international group has one Indian resident CE and five non-resident CEs with taxable income in India. Since, there are not more than one resident CEs in India of the group, all the entities (i.e., one resident CE and five non-resident CEs) will be required to file MF in India.
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Yes, OECD (Organisation for Economic Co-operation and Development) BEPS (Base Erosion and Profit Shifting) Action Plan 13 has been implemented in India through Section 92D and Section 286 of the Act, accompanied by relevant rules (i.e., Rule 10DA and 10DB).
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It is recommended in the BEPS report that the countries should adopt a standardized approach to transfer pricing documentation. A three-tiered structure has been mandated consisting of:-
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Alternate Reporting Entity means any constituent entity of the international group that has been designated by such group, in the place of the parent entity, to furnish the report of the nature referred to in Section 286(2) of the Act in the country or territory in which the said constituent entity is resident on behalf of such group.
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According to Rule 10DB(5), when there are more than one constituent entity resident in India, any one CE, resident in India, can be designated to file CbCR by way of filing an intimation form in Form 3CEAE before the due date of filing CbCR.
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Following caution can be taken while filling-up the tax payment challan:
Clearly mention the following:
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The rates of Income-tax and corporate taxes are decided by the Finance Act passed by the Parliament every year. There is a free online tax calculator present at www.incometaxindia.gov.in where once can check his/her tax liability.
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