US Tariffs on Indian Imports: All You Need to Know

US Tariffs on Indian Imports: All You Need to Know

Recent U.S.–India trade relations developments have stirred discussions across global markets. The United States’ announcement of a 90-day pause on reciprocal tariffs signals caution and cooperation. While a 10% baseline tariff remains in effect, the temporary suspension offers space for negotiations. For Indian exporters, this period presents both challenges and critical opportunities for strategic realignment. Understanding the Tariff Pause and Its Immediate Implications On April 9, 2025, the U.S. administration declared a 90-day delay in implementing the 26% reciprocal tariff on Indian imports. However, the 10% baseline tariff introduced on April 5 applies to all countries, including India. The 90-day US tariff pause offers a crucial window for India to initiate strategic negotiations, with the objective of finalising a mutually beneficial agreement Reciprocal Tariff Suspension: India now has 90 days to negotiate a trade framework that could permanently remove or reduce the proposed 26% duty. Baseline Tariff Continues: All countries’ standard 10% import tariff remains in effect. This could marginally impact pricing but allows time for exporters to adjust. Negotiation Opportunity: Both nations are actively engaging in developing a multi-sectoral Bilateral Trade Agreement (BTA). The aim is to reduce trade barriers and enhance cooperation. The tariff suspension allows Indian industries to regroup and strategise their next moves while maintaining current export levels. Impact on India’s Electronics Sector India’s electronics sector is one of the biggest beneficiaries of the tariff pause. Exemptions granted to this industry offer it a competitive edge, especially against other Asian markets. Electronics exports have surged, and this momentum could translate into long-term gains. Electronics Products Under Tariff Exemption The U.S. has excluded several consumer and industrial electronics from the 26% tariff proposal. These products now enjoy temporary zero-duty status. Consumer Electronics: Smartphones, PCs, laptops, hard drives, processors, and memory chips are exempt. These items form the core of India’s electronics exports. Industrial Electronics: Semiconductor machines, communication tools, solar cells, flat-panel displays, and AI servers are exempted. This reduces cost barriers for large-scale Indian manufacturers. Strategic Classification: The electronics category is expected to fall under a broader semiconductor-specific industry bracket. This could ensure long-term exemptions and incentives. India’s Export Performance in Electronics The industry is rapidly growing, primarily fueled by government support and global demand. Export Growth: India’s electronics exports reached US$22.5 billion in the first eight months of FY 2024–25. This marks a 28% rise over the same period in FY 2023–24. Smartphone Surge: Smartphone exports alone hit US$13.11 billion, up 45% from US$9.07 billion in the previous year. This accounts for 58% of total electronics exports. PLI Scheme Impact: The Production Linked Incentive (PLI) scheme has been instrumental. It has encouraged global tech firms to ramp up production in India. Strategic Opportunity for India India’s electronics sector is at a turning point. Continued tariff exemptions could fuel long-term growth and investment. Tariff Edge over China: India enjoys a 20% tariff advantage over China. This gives it a strong edge in attracting global supply chains. Global Expansion: Companies like Apple are now scaling up operations in India. This could make India a central hub for global tech manufacturing. Domestic Value Addition: The government is focused on doubling value addition in electronics manufacturing. This will strengthen India’s position vis-à-vis South-East Asian economies. The tariff pause, if extended, could cement India’s place as a leading electronics exporter. Impact on the Pharmaceutical Sector While the initial 10% tariff excluded pharmaceuticals, the landscape is changing. New developments suggest growing pressure on India’s pharma exports to the U.S. The next phase of tariff implementation could include drugs and active pharmaceutical ingredients (APIs). Policy Shifts and Investigations The U.S. government is moving towards self-reliance in drug manufacturing. This has led to new investigations that may impact imports from India. Section 232 Investigation: Citing national security, the Trump administration has launched a review under Section 232 of the Trade Expansion Act to reduce the U.S. dependency on foreign pharmaceuticals. Future Tariff Risks: Although currently exempt, pharmaceuticals may soon face separate tariffs. This could disrupt the global supply chain and price structure. National Security Justification: The move places pharma in the same policy zone as steel and semiconductors. It could lead to broader regulatory action. India’s Pharma Export Landscape India is a critical supplier of generic medicines to the U.S. Any tariffs here could significantly affect revenues and market strategies. Export Volumes: India ranks third globally in pharmaceutical production by volume. It exports to nearly 200 countries, with the U.S. as the top destination. Generic Drug Dependence: Most exports consist of generics. Tariff hikes may challenge cost recovery and reduce profit margins. Short-Term Disruptions: Pharmaceutical companies may experience shipping delays and price fluctuations. Supply chain adjustments will be essential. Strategic Response and Outlook Indian pharma firms must act quickly to adapt to the evolving regulatory climate. Diversification Needed: Companies should look beyond the U.S. and explore Europe, Africa, and Southeast Asia. This will reduce their dependency on one market. Product Mix Shift: Focus on high-margin, niche pharmaceuticals can offset lower margins on generics. R&D investments will be crucial. FTA as a Path Forward: India is pursuing FTAs to stabilise trade conditions. These agreements could reduce future tariff risks and expand market access. In the short term, India must use the 90-day window to reinforce its trade position. Long-term competitiveness will depend on agility and innovation. MFN Drug Pricing Policy: A New Challenge for Indian Pharma The U.S. government’s “Most Favoured Nation” drug pricing policy could reshape global pharmaceutical pricing dynamics. For India, this means tighter profit margins and market pressures. The policy aims to align U.S. drug prices with those in the lowest-cost countries. Profitability Impact: Indian pharma firms may be forced to lower prices in the U.S. This could squeeze margins and limit R&D budgets. Global Price Shift: Companies might raise prices in other markets to maintain margins, which could impact patients in developing countries. Trade Strategy Shift: Indian firms must revise global pricing strategies. Balanced pricing will be key to sustaining global reach. The MFN policy adds urgency to diversify markets … Read more

Navigating Legalities and a Comprehensive Guide to Setting Up an Entity in India

Navigating Legalities and a Comprehensive Guide to Setting Up an Entity in India

India, with its rapid economic growth and vast market potential, presents a compelling opportunity for foreign entities looking to expand their business. As one of the fastest-growing economies among emerging markets, India offers a unique blend of a large consumer base, a favourable tax structure, low operational costs, and robust trade networks. Let us explore the details of setting up an entity in India, covering the key considerations, regulatory requirements, and strategic insights necessary for a successful entry.

Why Invest in India?

India’s robust economic growth, large consumer market, and favourable government policies make it an attractive destination for global investors. The country’s strategic location, strong ties with major economies, and initiatives like “Make in India” further enhance its appeal.

Economic Overview

India is one of the largest and fastest-growing democracies in the world, with a projected GDP growth of 6.7% for 2025-26. The economy is expected to reach a valuation of approximately US$5.3 trillion by 2027. Currently, India is the 5th largest economy globally and the 3rd largest by purchasing power parity on a per capita basis. With a middle-class population exceeding 500 million, India has the 5th largest consumer market globally, projected to become the 3rd largest by 2027.

Demographic Advantages

India has the largest adolescent and youth population globally, with a median age of 28.2. Approximately 65% of the population is below 35, providing a significant demographic dividend. This young and dynamic workforce is a key economic growth and innovation driver.

Digital Economy

India ranks 2nd in global telecommunication, computer, and information services exports, with 954 million internet subscribers. The number of tech startups in India grew from 2,000 in 2014 to 31,000 in 2023. According to the Global Innovation Index (GII) 2024, India ranked 39 out of 133 countries, reflecting its growing digital economy and innovation ecosystem.

Government Incentives

The Indian government has introduced several initiatives to boost the economy and attract foreign investment. These include:

Production-Linked Incentive (PLI) Schemes

With an allocation of INR 1.97 trillion (approximately US$23.3 billion) for 14 production-linked sectors, the PLI program has attracted INR 12.50 trillion in investments and created 950,000 jobs. Exports have surpassed INR 4 trillion, driven by electronics, pharmaceuticals, and food processing sectors.

GIFT City

India’s first International Financial Services Centre (IFSC) in Gujarat aims to boost global financial services by providing financial incentives, regulatory freedom, and world-class infrastructure.

Semiconductor Ecosystem Development

“Semicon India” aims to reduce reliance on semiconductor imports with a significant investment of approximately INR 760 billion (US$8.99 billion).

Startup India

India is home to over 156,000 recognised startups, ranking 3rd globally in the number of startups. These startups benefit from favourable tax reforms and the abolition of the angel tax. Tax incentives include a 100% deduction on profits and gains for three consecutive years within their first decade of operation. Non-resident investments up to INR 100 million in startups are exempt from certain taxes.

Unified Payments Interface (UPI)

India leads in digital payments, processing nearly 46% of global real-time transactions. The total UPI transaction volume from January to November 2024 was INR 223 trillion.

Investment Opportunities

India offers a wide range of investment opportunities across various sectors. Foreign Direct Investment (FDI) inflows reached US$70.95 billion in FY 2023-24, with equity inflows amounting to US$44.42 billion. The “Make in India” initiative has attracted unprecedented FDI, making India a strategic choice for global investors.

Regulatory Framework

Foreign investment in India is allowed in almost all sectors, with the remaining sectors requiring approval. FDI can be made under two routes:

Government Route

Approval from the Government of India, the Ministry of Finance, and the Foreign Investment Promotion Board (FIPB) is required.

Automatic Route

No approval from the Government of India is required for the investment.

Prohibited Sectors

Investment is not allowed in specific sectors.

Establishing a Presence in India

Foreign companies must choose the entity structure that aligns with their business objectives to establish a strong presence in the Indian market. Options include unincorporated entities (Liaison Office, Branch Office, Project Office) and incorporated entities (Private Limited Companies, Limited Liability Partnerships, Joint Ventures).

Setting Up Unincorporated Entities – For Exploring the Markets in India

Structure India Liaison Office/ Representative Office India Branch Office India Project Office
Role/Purpose A tool to explore market opportunities in India and promote the parent company’s business activities Extension of a Parent Company engaged in the same activity as the parent Established to manage large-scale projects like major construction, civil engineering, and infrastructure development
Eligibility/Prerequisite/Criteria for Setup Applicant, a Foreign entity, should have:

Applicant, a Foreign entity, should have:

• 3 Years of Profitable Track Record in Home Country

• Net Worth > USD 50,000 or equivalent

 

Applicant, a Foreign entity, should have:

 

• 3 Years of Profitable Track Record in Home Country

• Net Worth > USD 50,000 or equivalent. Applicant, a Foreign entity, should have:

• 5 Years of Profitable Track Record in Home Country

• Net Worth > USD 100,000 or equivalent

 

• FC should have secured a contract to execute a project in India from an Indian company and

 

Time Frame for Incorporation ~ 1.5 Months ~ 2 Months Registration: ~15 days.
Prohibited Business Activity Not allowed to undertake any business activity in India. Only acts as a communication channel Manufacturing and Processing Activities, Retail or Trading Activities in India Activities other than those related to the specific project
Validity ~Generally, for 3 years (Renewal of registration – Permissible) No specific time frame, generally 2-3 years As per the tenure of the project
Permissible Activities 1. Representing Parent Company (PC) in India

2. Promoting export/import between India and the parent company

3. Facilitating technical/financial collaborations

4. Acting as a communication channel between the PC and Indian companies

5. Conducting market research

 

1. Export/Import of goods

2. Providing professional/consultancy services

3. Conducting research in PC field

4. Software development/IT services

5. Promoting technical collaborations

6. Acting as a buying/selling agent for PC (not retail trading)

7. Rendering back-office services

 

1. Executing a specific contracted project

2. Activities directly related to project execution

3. Procuring materials for the project

4. Hiring project-specific staff

5. Managing project finances

Revenue Cannot earn any income in India. Can earn only from activities allowed by the RBI.
Expenses to be met from Inward remittances from the Parent Company Inward remittances from the Parent Company or

Project-specific funding sources

Inward remittances from the Parent Company
Tax Rate Not subject to taxation as no commercial activity is allowed. ~35% depending on income. (Budget 2024) ~35% (Budget 2024)
Remittances back to HO Not Applicable as they cannot earn any Income in India.

Common Conditions

Regulatory framework The FEMA Regulations and Companies Act 2013 regulate the set-up operations and closure of LO/BO/POs. All three entities require RBI approval to be established.
Indian Representative Parent Company must appoint an Indian Resident with a valid PAN as a local authorized representative (Mandatory Requirement)
Annual filing File Annual Activity Certificates (AAC) from Chartered Accountants, at the end of March 31, along with the audited Balance Sheet on or before September 30 of that year
Net Worth As per the latest Audited Balance Sheet or Account Statement certified by a Certified Public Accountant or any Registered Accounts Practitioner by whatever name
Entity Name Must be the same as the Parent Company
Bank Account All three forms of entities are required to maintain a Bank account in India
Liabilities Parent Company’s liability is unlimited for all acts and omissions of LO/BO/PO

Setting Up Incorporated Entities – For Expanding in India

Structure Limited Liability Partnership Private Limited Company/Wholly Owned Subsidiary
Governed by The Limited Liability Partnership Act 2008 The Companies Act 2013
Charter Documents LLP Agreement Memorandum of Association and Articles of Association
Permissible Activities More suited for the Service sector All types of business activities are permitted, such as in the Manufacturing/Marketing/Service sectors
Ownership and Management Min 2 Designated Partners (DP)* Min 2 Directors and Min 2 Shareholders*
Indian Representative (Mandatory Requirement) Mandatory to have at least 1 DP who is an Indian Resident (i.e., residing in India for 121 days or more during the Financial Year) Mandatory to have at least 1 Director who is an Indian Resident (i.e., residing in India for 183 days or more during the Financial Year)
Annual Compliances • LLP is not mandatorily required to conduct Board meetings or AGM. • 4 Board Meetings are mandatory in the Calendar year

 

Foreign Investments (FDI) Foreign investments are allowed only where 100% FDI is allowed by the automatic route Foreign investments are allowed subject to FDI Policy
Funding LLPs raise funds through contributions from Partners and loans from Banks and Financial Institutions Companies can raise funds from angel investors and venture capitalists and also have an option for raising funds via debt
Winding up Easy Difficult
Punishment for Default Mild to Moderate High
Other Statutory Compliances Medium High
Taxation Rates 30% ~25 to 30%*
Entity Name Must be unique and acceptable as per the Companies Act, 2013 or LLP Act, 2008.

 

– No minimum capital requirement.

 

Validity Perpetual Succession or will continue until its dissolution/as stated in the LLP Agreement
Management* Even a Body corporate can be a Shareholder/Designated Partner
Time Frame for Incorporation ~ 1 Month
Staff hiring Can Hire Local and Foreign Staff

Tax Rates on Repatriation of Funds

Particulars

Tax Rate

Taxable in the hands of

Dividend 10.00% Recipient – Resident shareholder
Dividend 20.00% * Recipient – Non-resident Shareholder
Royalties 20.00% * Recipient – Non-residents
Fees for Technical Services 20.00% * Recipient – Non-residents
Capital Gains Tax Different Tax Rate CG tax will be payable on the gains arising out of the share valuation at the time of winding up/closure of the Company/WoS.
Tax on Buyback Taxed as per the recipient investor’s respective slab rate. – Income from share buy-back will be treated as taxable as dividend income.
Tax on Slump Sale 12.50% In case the Business undertaking is held for more than 36 months and transfers its business undertaking for a lump sum consideration, the gains from the Slump Sale will be long-term in nature and the tax rate will be as mentioned alongside.

*Subject to rates mentioned in the Double Tax Treaty Agreement, whichever benefits the Non-resident individual.

Why Choose India Company Incorporation?

Company Registration consultant in india is a leading business solutions provider, specialising in helping foreign companies navigate the complexities of setting up and operating a business in India. Our comprehensive approach ensures that your entry into the Indian market is smooth, compliant, and strategically aligned with your business goals. Here’s why you should choose InCorp Global:

Expert Guidance:

Our experienced consultants navigate the complexities of setting up a business in India, ensuring compliance with all regulatory requirements.

Smooth Entry:

We streamline the process, making your business entry into India as seamless as possible.

Growth Support:

InCorp is committed to helping your business grow by identifying and leveraging new opportunities.

Comprehensive Services:

From incorporation to ongoing compliance, we offer a full suite of services to support your business at every stage.

Local Insights:

Our team provides valuable insights into the Indian market, helping you make informed decisions.

For more information, please contact us at [email protected] or (+91) 77380 66622.


Need Expert Guidance?

Get professional support to simplify your business decisions.

Conclusion

Investing in India offers businesses significant opportunities due to the nation’s economic growth, large and young population, government support, low labour cost, and favourable demographics. The government has implemented numerous reforms, such as the Bankruptcy Code, Corporate Tax Cuts, and Relaxed Foreign Ownership rules, to facilitate smoother business operations. With India’s growth potential, it is an excellent addition to any business’s global portfolio.

Company and LLP Registration Online – How to Register & Incorporate a Company and LLP in India

Setup your business services with - india company incorporation

India offers significant opportunities for global businesses and investors. If you are considering entering the Indian market, registering an entity is a critical first step. Over the years, the registration procedure has been streamlined to promote ease of doing business, with LLP company registration online becoming increasingly popular among entrepreneurs. Let us walk you through the complete LLP registration process for two key business entities in India. It covers everything from choosing the right business structure to the specific steps required to register a company or LLP. Quick Summary: Steps for Company and LLP Registration Process in India Step Description Step 1 Choose the right business entity (, LLP, Pvt Ltd, etc.) Step 2 Reserve business name and file incorporation application (SPICe+ or FiLLiP) Step 3 Obtain PAN and TAN from the Income Tax Department Step 4 Open a company bank account and bring in initial capital Step 5 Register for GST and other licenses as required (Shops Act, EPF, etc.) Complete Steps In the Formation Of An LLP Company Company formation in India involves several critical steps, starting with selecting the appropriate business entity that aligns with your goals. Listed below are the step-by-step procedures for LLP company formation in India. Step 1: Choose the Right Business Entity in India Selecting an appropriate business entity is the foundational step when registering a company in India. It determines your legal status, compliance obligations, investment options, and liability. India offers several top business entities, each with its own features and suitability for different situations. Step 2: Fulfill Key Requirements (Documents Required For Company Registration, Digital Signatures, etc.) Once you have chosen the business structure, prepare the necessary prerequisites to register the entity officially: Name Reservation: Decide on a unique name for your business. Company names must adhere to the Companies Act rules – a proposed name should not infringe on trademarks and typically must include a word relevant to the business, plus a suffix indicating the entity type. You can check name availability on the MCA portal and through trademark databases. You must decide on a name relevant to your business with a suffix that indicates the entity type. It’s wise to have a few alternatives if your first choice is rejected. You can reserve the name for companies by filing Part A of the SPICe+ form online. Digital Signature Certificates (DSC): Since almost all registration filings in India are online, you will need digital signatures for the key people involved, specifically for all proposed directors of a company or designated partners. Director Identification Number (DIN): A DIN is a unique ID number for individuals who serve as directors on an Indian company’s board. If you are incorporating a new company, you don’t need to apply for a DIN separately. It is now auto-allotted as part of the company registration (SPICe+) process. In the incorporation form, you must provide the required personal details and proof of identity. Step 3: Lodging the Incorporation Documents with Government Departments Once you have prepared all the necessary documents and gathered the prerequisites, you must submit the incorporation documents to the relevant government departments for approval. This is a crucial step in the company registration process in India. Submitting the Incorporation Documents For Private Limited Companies, the incorporation documents must be submitted through the Ministry of Corporate Affairs (MCA) portal. The appropriate form filings for LLP Incorporation in India include the following: Director Identification Number (DIN) and Digital Signature Certificate (DSC) for the proposed directors: – DIN is required for individuals who will serve as directors on the company’s board. It’s now auto-allotted as part of the registration process through the SPICe+ form. – All the proposed directors must obtain a Class 3 DSC to digitally sign and submit the application forms online. Name Reservation: – Choose a unique company name that complies with the Companies Act regulations. You can check name availability on the MCA portal and trademark databases. – Name reservation is handled through Part A of the SPICe+ form. Memorandum of Association (MOA) and Articles of Association (AOA): – These documents outline the company’s scope of business and the rules governing its operation. They must be filed along with the incorporation documents. Proof of Registered Office Address: – You will also need to provide proof of the registered office address where the business will be conducted. This could be a utility bill or a rent agreement. Other Documents (if applicable): – You may be required to submit additional documents depending on the nature of your business and the type of entity. For example, foreign entities may need to submit proof of compliance with Foreign Direct Investment (FDI) regulations and approvals from the Reserve Bank of India (RBI). Filing the Forms Once all documents are prepared, you must file the required SPICe+ (for companies) or FiLLiP for LLPs) form online via the MCA portal. Step 4: Obtain Permanent Account Number (PAN) and Tax Account Number (TAN) After incorporation, you must secure the following: Permanent Account Number (PAN): Mandatory for all businesses in India. Tax Deduction and Collection Account Number (TAN): Required for businesses that deduct tax at source (TDS). For Private Limited Companies, both PAN and TAN are issued along with the certificate of incorporation. For other business entities, PAN must be applied for through the Income Tax Department, while TAN should be applied for separately if your business is subject to TDS. Step 5: Open a Bank Account and Bring in Capital Open a Bank Account and Inject/ Infuse Capital. After receiving the certificate of incorporation and PAN, you should: – Open a Current Account in the company’s name for business transactions. – Deposit the Initial Capital as agreed upon for shareholding into the company’s bank account. – If your business involves foreign investment, report the FDI to the RBI. You must submit the FC-GPR form within 30 days of share allotment. Step 6: Register for GST and Other Business Licenses GST Registration: is required if your annual turnover exceeds the prescribed … Read more

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