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Working in India on short, medium and long-term assignments Edition 2011/01

India Solution

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Page 1: India Solution

Working in India on short, medium and long-term assignments

Edition 2011/01

Page 2: India Solution

AFSS India, a part of the Access Financial Group, offers payroll solutions to contractors taking up work in India. Access Financial, with its headquarters in Nyon, Switzerland, operates on a global scale and has provided solutions to thousands of contractors in more than 60 countries.

With a team of trained professionals specialised in international contracting issues, AFSS India provides legal and compliant solutions for independent contractors and lets Recruitment Agencies and End Clients concentrate on their core business by taking care of all the work related to the placement of their contractors.

Our goal is to build long-term business relationships based on offering solutions which combine legality with maximum retention rates.

Depending upon the status of the contractor, AFSS India offers the following three solutions: 1 Employed Solution 2 Secondment Solution 3 Self-employed Solution

Access FinancialInternational SA

Solution (Employed)

Employed by AFSS Consultancy Pvt. Ltd.

Payroll

On local payroll

Local Billing

Optional

Work Permit Services

Yes

Work Permit Processing Time

2-3 weeks

Work Permit Application

All foreign nationals need a work permit (Employment Visa) to take up employment.

The application for the Employment Visa must be made at the Indian Embassy or High Commission in the country where the foreign national is ordinarily resident. Work permits can be extended, as required.

Taxes

Progressive tax rates, top rate of 30.9% (including, Education Cess of 3% on Income tax) for income over INR 800,000 per annum.

Tax Year

Starts 1st April.

Official/Popular Languages

English, Hindi.

Social Security

The social security contribution is not mandatory for resident employees earning more than INR 6,500 per month. In the case of expatriate employees the mandatory minimum contribution base to the Employee Provident Fund (EPF) is INR 6,500 per month, irrespective of their total salary.

Both employer and employee are required to contribute in the EPF at the rate of 12% of gross (Basic + D.A.) salary.

Service Tax (in the case of local billing)

10.3%

Typical Retention (one year basis)

67-85%

1 Employed Solution

Page 3: India Solution

Eligibility

Indian and other nationals seconded to work in either Belgium or Germany.

Solution (Secondment)

AFSS Consultancy and its associate companies in Germany and Belgium can enable engineers to be posted from India to both countries and remain in the Indian social security system which represents a CTC (Cost to the Company) saving of the social charges in these two countries. We can:

• Sponsor and obtain work permits for Indian nationals.

• Payroll locally in Germany, Belgium and India.

• Offer tax-saving German and Belgian pensions.

• Avoid costly German and Belgian social security for up to 60 months.

• Ensure high retentions.

Payroll

Indian and either German or Belgian payroll.

Local Billing

Optional

Work Permit Services

Yes

Work Permit Processing Time

2-3 weeks

Work Permit Application

All foreign nationals must obtain a work permit to take up employment.

The work permit application for India must be made at the Indian Embassy or High Commission in Germany or Belgium, where the foreigner is ordinarily resident and for German and Belgian work permits the application must be made at the German or Belgian embassy in India. Work permits can be extended, as required.

Taxes

In India there are progressive tax rates, top rate of 30.9% (including, Education cess of 3% on Income tax) for income over INR 800,000 per annum.

Tax Year

Starts 1st April.

Official/Popular Languages

English, Hindi.

Social Security

In India the employee contribution rate to the Employee Provident Fund (EPF) is 12% and the employer has to contribute at the same rate of 12%.

Service Tax (in the case of local billing)

10.3%

Typical Retention (one year basis)

70-85%

Solution (Self-employed)

Self-employment suited to Indian nationals.

A contractor’s foreign personal service company can be registered under the FDI norms of the Ministry of Commerce.

However, for Indian nationals or foreign nationals with their own company, Self-employment can be a viable solution as business expenses can be claimed in order to maximise the salary retention.

Payroll

Not Applicable

Local Billing

Optional

Business Permit Services

Yes

Business Permit Processing Time

2-3 weeks

Business Permit Application

Self-employed foreign nationals coming to India for providing engineering, medical, accounting, legal or such other highly skilled services in their capacity as Independent consultants may be granted a visa to work as a Self-employed.

The application must be made at the Indian Embassy or High Commission in the country where the foreigner

is ordinarily resident. Visas can be extended, as required.

Taxes

Individual income tax rates are progressive, top rate is 30.9% (including, 3% cess on Income tax) for income over INR 800,000 per annum.

Corporate tax rate is 30% for domestic companies and 40% for foreign companies and branches of foreign companies. In addition, a 7.5% surcharge applies to domestic companies (2.5% for foreign companies) if taxable income exceeds INR 10 million. An additional 3% cess is payable in all cases.

Tax Year

Starts 1st April.

Official/Popular Languages

English, Hindi.

Social Security

Self-employed individuals are not required to contribute to any Indian social security schemes but they may have to be registered with Service Tax.

Withholding Taxes (TDS)

10.3% for companies and 5.15% for professionals

Service Tax

10.3%

Typical Retention (one year basis)

75-90%

2 Secondment Solution 3 Self-Employed Solution

Page 4: India Solution

Contact usAFSS Consultancy Pvt. Ltd. F-15, Ist Floor, Sector-8, Noida, U.P.-201301, India

Telephone: +91 (0120) 468 1100

Facsimile: +91 (0120) 468 1166

Email: [email protected]

www.accessfinancial.ch

• Federation of India Micro & Small Medium Enterprises • Swiss-India Chamber of Commerce

Our Memberships in India:

Our Memberships outside India:• Geneva Chamber of Commerce • Vaud Chamber of Commerce • Swiss Chamber of Commerce • Swiss British Chamber of Commerce • French Chamber of Commerce • Centre Patronal • APSCo