Global Expansion and Cross-Border Structuring for Indian and NRI-Led Businesses
If your Indian company is investing overseas, setting up a subsidiary, entering a joint venture, or managing a step-down structure, you face a layered web of ODI regulations, FEMA reporting timelines, RBI approvals and transfer pricing obligations. Getting these right from day one avoids costly penalties and regulatory delays.
SME Advisory provides expert-led advisory on every stage of your global expansion — from structure selection and RBI filing to annual ODI compliance and cross-border tax planning.
Businesses we support going global
Four expansion scenarios where our advisory makes the biggest difference.
You want to invest in a wholly-owned subsidiary abroad under the ODI automatic route and need end-to-end structuring, RBI filing and compliance support.
You are entering a JV with a foreign partner and need to structure the equity, document the ODI, and manage ongoing reporting obligations.
You are an NRI with overseas entities and want to invest back into India through FDI, or restructure your cross-border holding structure.
You already have an overseas entity and need help with APR filings, step-down subsidiary compliance, or winding down / repatriating funds.
Why global expansion gets complicated
Indian companies expanding globally face compliance obligations across three regulatory layers — FEMA, Income Tax and corporate law — each with hard deadlines and significant penalties for non-compliance.
- ODI under the automatic route is capped at 400% of the investing company's net worth (as per extant RBI Master Directions on ODI)
- APR (Annual Performance Report) in Form ODI-APR must be filed within 60 days of the overseas entity's financial year-end
- FLA Return (Foreign Liabilities and Assets) is due by 15 July each year for companies with foreign assets or liabilities
- Transfer pricing documentation under Section 92D of the Income Tax Act is mandatory where international transactions exceed ₹1 crore
- Exit / repatriation from an overseas investment requires specific RBI approval and documentation under FEMA regulations
What we do for you — end to end
Five capabilities across the global expansion lifecycle.
ODI Structure Selection and RBI Filing
Before you invest overseas, the structure matters — WOS, JV, or branch. We advise on the optimal structure based on your business objectives, tax efficiency and FEMA eligibility, then handle the complete ODI filing with your banker and RBI. Our ODI Advisory service covers all documentation including Form ODI, share valuation certificates and supporting financials.
Overseas Subsidiary and JV Setup
From incorporation of the overseas entity to documentation of the initial investment, we manage the end-to-end setup process. We coordinate with local counsel in the target jurisdiction while ensuring your Indian-side FEMA obligations are met. See our Overseas Subsidiary and JV Setup service for full scope.
FEMA / RBI Ongoing Compliance
After your investment is made, annual compliance doesn't stop. We handle APR filings, FLA Returns, step-down subsidiary reporting and any downstream investment notifications. Our ODI Compliance and Reporting service ensures you never miss a deadline. We also cover broader FEMA / RBI Compliance for inbound FDI, ECB and compounding applications.
Transfer Pricing and Cross-Border Tax
Where your Indian entity transacts with its overseas subsidiary — through management fees, royalties, loans or intercompany services — transfer pricing rules under Section 92 to 92F of the Income Tax Act apply. We prepare transfer pricing documentation, benchmarking studies and Form 3CEB, and advise on arm's length pricing to avoid Section 92CA adjustments.
India Back-Office, Step-Down Review and Exit
For overseas groups that need an India operations base, we provide India Back-Office support — accounting, payroll, compliance and regulatory filings. Where a group has accumulated a complex step-down structure, our Step-Down Subsidiary Review service maps the structure and identifies compliance gaps. When it is time to exit, we manage Exit, Disinvestment and Repatriation including RBI approval, share transfer documentation and fund repatriation.
Why expert-led cross-border advisory matters
FEMA and RBI precision
FEMA violations carry compounding penalties under Section 13 of FEMA, 1999 — up to three times the sum involved. Expert-led advisory ensures every filing is accurate and timely.
Tax and structure optimisation
Transfer pricing, withholding tax on cross-border payments and PE risk in the target jurisdiction require integrated tax planning, not just compliance. We advise on structure before you transact.
End-to-end ownership
From initial ODI filing to annual APR and eventual exit, we stay with you through every stage — coordinating with your Indian company, overseas counsel and bankers.
How we work with you
Four steps from first call to ongoing compliance.
Structure and strategy call
We review your expansion objectives, proposed jurisdiction, entity structure and existing FEMA position to identify the right approach.
ODI filing and entity setup
We prepare all ODI documentation, coordinate with your banker for RBI submission, and support overseas incorporation.
First-year compliance setup
We establish your transfer pricing policy, register for applicable overseas compliances and set up your APR/FLA reporting calendar.
Ongoing advisory and reporting
Annual APR, FLA Returns, step-down reporting, transfer pricing documentation renewal and any ad hoc FEMA advisory as your structure evolves.
Frequently Asked Questions
From our insights
A practical walkthrough of the ODI automatic route, filing requirements, APR deadlines and common mistakes to avoid.
ODI / FEMARead article →Key deadlines, penalty triggers and practical compliance tips for inbound FDI and outbound ODI under FEMA.
FEMA / Cross-BorderRead article →Ready to structure your global expansion?
Book a consultation with our CA team to review your ODI structure, FEMA position and cross-border tax obligations.