India Market Entry Services for Taiwanese Companies expanding business and establishing a company in India

India Market Entry Services for Taiwanese Companies

India Entry Advisory

India Market Entry Services for Taiwanese Companies

Taiwanese companies are increasingly looking towards India as a strategic destination for manufacturing, technology partnerships, supply chain diversification and long-term business expansion. Whether you are establishing a wholly owned subsidiary, entering into a joint venture, setting up a branch office or exploring investment opportunities, navigating India’s regulatory and business environment requires careful planning and local expertise.

EzyBiz India Consulting LLP provides comprehensive India Market Entry Services for Taiwanese companies, assisting businesses throughout their expansion journey—from market entry strategy and company registration to FEMA compliance, taxation, RBI regulations, corporate secretarial services and ongoing business support.

✔ Chartered Accountant-led consulting firm

✔ 20+ Years of Professional Experience

✔ End-to-End India Market Entry Support

✔ Company Incorporation, FEMA, RBI & Tax Advisory

✔ Ongoing Compliance, Accounting & Payroll Services

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Schedule a consultation with our India Entry specialists to discuss the most suitable market entry strategy for your business.

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India Market Entry Guide for Taiwanese Companies

India has emerged as one of the world’s fastest-growing major economies and a preferred investment destination for Taiwanese businesses seeking long-term growth, manufacturing expansion and supply chain diversification. With a large consumer market, a skilled workforce, competitive operating costs and favourable foreign investment policies across many sectors, India offers significant opportunities for companies from Taiwan.

Whether you are a manufacturer, technology company, semiconductor business, electronics supplier, trading enterprise or service provider, entering the Indian market requires careful planning. Choosing the right business structure, understanding India’s Foreign Direct Investment (FDI) policy, complying with the Companies Act, 2013, FEMA regulations, taxation requirements and industry-specific approvals are all critical to establishing a successful business presence in India.

This comprehensive guide has been prepared specifically for Taiwanese companies planning to expand into India. It explains the available business structures, company registration process, FEMA and RBI regulations, taxation framework, timelines, practical incorporation requirements and important regulatory considerations that foreign investors should evaluate before making an investment.

At EzyBiz India Consulting LLP, we assist Taiwanese businesses at every stage of their India expansion journey. Our services extend beyond company incorporation to include market entry advisory, FEMA and RBI compliance, corporate structuring, taxation, accounting, payroll, Bank account opening, virtual office and registered office assistance, ongoing ROC compliance and strategic business advisory. Our objective is to help foreign investors establish and operate their Indian business efficiently while remaining fully compliant with Indian laws and regulations.

Whether you are exploring the Indian market for the first time or planning to establish a long-term presence, this guide will help you understand the legal, regulatory and commercial aspects of entering one of the world’s most promising investment destinations.

Quick Facts

Recommended Structure Wholly Owned Subsidiary
Minimum Shareholders 2
Minimum Directors 2
Resident Director Required Yes
100% FDI Permitted In many sectors (subject to the applicable FDI policy)
Typical Incorporation Timeline 2–4 Weeks*
Registered Office Required Yes
Virtual Office Available Yes
Bank Account Required Yes
Ongoing Compliance ROC, FEMA, GST & Income Tax

Taiwan–India Business & Investment Relations

India and Taiwan have developed a strong and steadily growing economic relationship over the past two decades, driven by increasing trade, technology collaboration, manufacturing investments and supply chain diversification. Although India and Taiwan do not maintain formal diplomatic relations, both economies have established robust commercial and investment ties through representative offices and business cooperation frameworks.

Bilateral trade between India and Taiwan has grown significantly in recent years, reaching approximately USD 12.5 billion in 2025, reflecting the increasing demand for technology products, electronic components, industrial machinery, chemicals and engineering goods. Taiwanese exports to India are led by semiconductors, electronic integrated circuits, plastics and electrical machinery, while India’s exports include mineral fuels, metals, chemicals and engineering products.

India has become an increasingly attractive destination for Taiwanese companies seeking to diversify their manufacturing base beyond traditional locations. Global supply chain realignments, the “China Plus One” strategy and India’s production-linked incentive (PLI) schemes have encouraged Taiwanese businesses to expand their presence across sectors such as electronics, semiconductors, consumer electronics, automotive components and information technology.

Several leading Taiwanese enterprises, including Foxconn and technology partners in the semiconductor ecosystem, have announced or expanded investments in India. These investments support India’s ambition of becoming a global manufacturing and semiconductor hub while creating opportunities for suppliers, component manufacturers, logistics providers and technology companies from Taiwan.

The Indian Government continues to promote foreign investment through initiatives such as Make in India, Digital India, Production Linked Incentive (PLI) Schemes, the India Semiconductor Mission, infrastructure development and ease-of-doing-business reforms. These initiatives, combined with India’s large domestic market and skilled workforce, present significant long-term opportunities for Taiwanese businesses looking to establish manufacturing facilities, research centres, sourcing operations or regional headquarters in India.

While the investment environment is highly favourable across many sectors, Taiwanese companies should carefully evaluate India’s Foreign Direct Investment (FDI) policy, sector-specific regulations, Companies Act requirements, FEMA provisions and other applicable regulatory considerations before finalising their investment structure. A well-planned entry strategy can help minimise regulatory risks, optimise tax efficiency and facilitate a smoother establishment process.

Key Highlights

Particulars Overview
Bilateral Trade (2025) Approximately USD 12.5 Billion
Major Taiwan Exports to India Semiconductors, Electronic Components, Electrical Machinery, Plastics
Major India Exports to Taiwan Mineral Fuels, Chemicals, Metals, Engineering Goods
High-Growth Sectors Electronics, Semiconductors, EV Components, ICT, AI, Renewable Energy, Healthcare
Key Government Initiatives Make in India, Digital India, India Semiconductor Mission, PLI Schemes
Preferred Entry Route Wholly Owned Subsidiary (subject to sector-specific FDI policy)

Why Taiwanese Companies Choose India

India has become one of the most attractive investment destinations for Taiwanese companies seeking sustainable growth, manufacturing expansion and access to one of the world’s largest consumer markets. Strong economic fundamentals, policy reforms and increasing cooperation between India and Taiwan have created significant opportunities across manufacturing, technology, electronics and high-value services.

📈 Large Consumer Market

🏭 Manufacturing Hub

💰 Attractive FDI Policy

👨‍💼 Skilled Workforce

🚢 Global Supply Chain

🏛 Government Incentives

1. Large and Growing Consumer Market

India is one of the fastest-growing major economies with a population of over 1.4 billion people and a rapidly expanding middle class. Rising disposable incomes, urbanisation and increasing consumer spending have created strong demand for electronics, automobiles, healthcare products, consumer goods, digital services and industrial equipment. For Taiwanese companies, India offers not only a manufacturing base but also a substantial domestic market for long-term business growth.

2. Manufacturing and Supply Chain Diversification

Many Taiwanese businesses are implementing a “China Plus One” strategy to diversify manufacturing and reduce supply chain concentration risks. India has emerged as a preferred destination due to its improving infrastructure, competitive labour costs, favourable investment policies and expanding industrial ecosystem. Government initiatives such as Make in India and Production Linked Incentive (PLI) schemes have further strengthened India’s position as a global manufacturing hub.

3. Attractive Foreign Investment Policy

India permits up to 100% Foreign Direct Investment (FDI) under the Automatic Route in many sectors, enabling Taiwanese investors to establish a Wholly Owned Subsidiary without requiring prior Government approval, subject to sector-specific conditions and applicable regulations. Businesses should, however, evaluate the FDI policy, FEMA provisions and any sector-specific restrictions before making an investment decision.

4. Strong Opportunities in High-Growth Industries

Taiwanese companies possess global expertise in several sectors that align closely with India’s economic priorities. Promising opportunities exist in:

  • Semiconductors and semiconductor supply chains
  • Electronics and consumer electronics manufacturing
  • Electrical equipment and industrial automation
  • Electric vehicles and automotive components
  • Information and Communication Technology (ICT)
  • Artificial Intelligence and software development
  • Renewable energy and energy storage
  • Medical devices and healthcare technology
  • Precision engineering and advanced manufacturing
  • Logistics and supply chain solutions

India’s focus on domestic manufacturing and technology-led growth creates long-term opportunities for Taiwanese businesses across these industries.

5. Competitive Operating Costs

Compared to many developed economies, India offers competitive operating costs, a large technically qualified workforce and an extensive network of suppliers and service providers. These advantages help businesses optimise manufacturing costs while maintaining scalability for future expansion.

6. Skilled Talent Pool

India produces a significant number of engineers, technology professionals, accountants and management graduates every year. Taiwanese companies establishing operations in India can access a highly skilled workforce for manufacturing, engineering, research and development, software development, finance and business support functions.

7. Strategic Gateway to Regional Markets

An Indian presence enables Taiwanese companies to serve not only the domestic market but also customers across South Asia, the Middle East and Africa. Well-developed ports, airports, logistics infrastructure and India’s expanding network of international trade agreements support exports and regional business expansion.

8. Stable Regulatory and Business Environment

India has introduced several reforms to simplify doing business, strengthen digital governance and improve the investment climate. Online company incorporation, digital tax administration, streamlined regulatory filings and greater transparency have made it easier for foreign businesses to establish and operate in India. Nevertheless, foreign investors should carefully evaluate the applicable provisions under the Companies Act, 2013, FEMA, RBI regulations, taxation laws and sector-specific licensing requirements before commencing operations.

Why Professional India Entry Advice Matters

While India offers substantial investment opportunities, selecting the right market entry strategy is equally important. Factors such as the proposed business activity, ownership structure, applicable FDI policy, tax implications, regulatory approvals and long-term business objectives should all be considered before deciding whether to establish a Wholly Owned Subsidiary, Joint Venture, Branch Office or Liaison Office.

At EzyBiz India Consulting LLP, we work closely with Taiwanese companies to design practical and compliant India entry strategies. Our team assists clients with investment structuring, company incorporation, FEMA and RBI advisory, taxation, regulatory approvals, accounting, payroll and ongoing compliance, enabling businesses to establish and grow their Indian operations with confidence.

Industry Opportunities for Taiwanese Companies in India

India’s rapidly growing economy, expanding manufacturing base and favourable investment policies have created significant opportunities for Taiwanese companies across a wide range of industries. As India strengthens its position as a global manufacturing and innovation hub, businesses from Taiwan can leverage their technological expertise, manufacturing capabilities and global supply chain experience to establish a strong presence in the Indian market.

The most suitable business structure—whether a Wholly Owned Subsidiary, Joint Venture, Branch Office or Project Office—depends on the nature of the business, proposed activities and applicable Foreign Direct Investment (FDI) policy. Professional advice at the planning stage can help investors choose the most efficient entry strategy while ensuring compliance with Indian laws and regulations.

Industry Opportunities for Taiwanese Companies in India
Semiconductors & Chip Manufacturing India is actively promoting semiconductor manufacturing through the India Semiconductor Mission and various incentive schemes. Taiwanese companies engaged in chip manufacturing, semiconductor packaging, testing, fabrication equipment and electronic components can explore manufacturing, technology partnerships and supply chain opportunities.
Electronics & Consumer Electronics India has become one of the world’s fastest-growing markets for smartphones, consumer electronics, home appliances and electronic components. Taiwanese manufacturers can establish production facilities, contract manufacturing operations or sourcing centres to serve both domestic and export markets.
Electrical Equipment & Industrial Automation India’s industrial expansion is driving demand for electrical equipment, automation systems, industrial controls, robotics and smart manufacturing solutions. Taiwanese companies with expertise in Industry 4.0 technologies can support India’s manufacturing transformation.
Electric Vehicles (EV) & Automotive Components The rapid growth of India’s electric mobility sector presents opportunities for manufacturers of batteries, charging equipment, electronic components, precision engineering products, sensors and automotive technologies.
Information & Communication Technology (ICT) India’s digital economy continues to expand rapidly. Taiwanese technology companies can invest in software development, cloud computing, cybersecurity, artificial intelligence, IoT solutions, telecommunications equipment and digital infrastructure.
Renewable Energy & Energy Storage India is investing heavily in solar energy, wind energy, battery storage systems and green technologies. Taiwanese companies specialising in renewable energy equipment, energy storage solutions and power electronics can participate in this growing market.
Medical Devices & Healthcare Technology Increasing healthcare expenditure and demand for advanced medical equipment create attractive opportunities for manufacturers of diagnostic devices, medical electronics, healthcare technology and precision medical instruments.
Precision Engineering & Advanced Manufacturing India’s manufacturing sector requires high-quality machine tools, precision components, industrial machinery and automation equipment. Taiwanese companies are well positioned to support this demand through manufacturing or strategic partnerships.
Chemicals & Specialty Materials Growing demand from pharmaceuticals, electronics, automotive and industrial sectors offers opportunities for Taiwanese manufacturers of specialty chemicals, industrial materials and advanced polymers.
Logistics, Warehousing & Supply Chain Solutions As manufacturing and e-commerce continue to expand, demand for modern logistics, warehousing, cold chain infrastructure and supply chain technology is increasing across India. Taiwanese logistics and technology companies can benefit from this growth.

Factors to Consider Before Investing

Before entering the Indian market, Taiwanese companies should evaluate several commercial and regulatory factors, including:

  • The applicable Foreign Direct Investment (FDI) policy for the proposed sector.
  • Whether investment is permitted under the Automatic Route or requires prior Government approval.
  • The most appropriate business structure based on operational and commercial objectives.
  • State-specific incentives, industrial parks and manufacturing clusters.
  • Tax implications, transfer pricing and applicable Double Taxation Avoidance Agreement (DTAA) provisions.
  • Regulatory approvals, licences and sector-specific compliance requirements.
  • Practical incorporation considerations such as resident director requirements, registered office arrangements, banking formalities and ongoing compliance obligations.

With careful planning and the right advisory support, Taiwanese companies can establish a compliant and scalable business presence while taking advantage of India’s long-term growth opportunities.

At EzyBiz India Consulting LLP, we assist Taiwanese investors in evaluating sector-specific opportunities, selecting the appropriate entry structure, obtaining regulatory approvals and managing end-to-end business setup and compliance in India.

Choosing the Right Business Structure for Taiwanese Companies

Selecting the appropriate business structure is one of the most important decisions for a Taiwanese company planning to establish operations in India. The right structure depends on several factors, including the nature of the proposed business activities, investment objectives, ownership preferences, regulatory requirements, tax implications and long-term expansion plans.

While India offers multiple entry options for foreign businesses, each structure has its own legal, commercial and regulatory implications. Choosing an unsuitable structure at the initial stage may result in additional costs, operational restrictions or restructuring requirements at a later stage.

For most Taiwanese companies seeking to establish a long-term presence in India, a Wholly Owned Subsidiary is generally the preferred option because it offers operational flexibility, limited liability, a separate legal identity and complete management control, subject to the applicable Foreign Direct Investment (FDI) policy and sector-specific regulations. However, depending on the business model, a Joint Venture, Branch Office, Liaison Office or Project Office may be more appropriate.

Before finalising the entry structure, foreign investors should evaluate factors such as:

  • The proposed business activities in India.
  • Whether 100% Foreign Direct Investment (FDI) is permitted in the relevant sector.
  • Whether any prior Government approval is required under the applicable FDI policy.
  • The desired ownership and management structure.
  • Tax implications under Indian tax laws and the India–Taiwan Double Taxation Avoidance Arrangement, where relevant.
  • Compliance requirements under the Companies Act, 2013, FEMA, RBI regulations and other applicable laws.
  • Future expansion plans, funding requirements and exit strategy.

Professional advice at the planning stage helps avoid costly restructuring in the future and ensures that the selected business structure aligns with both commercial objectives and regulatory requirements.

Comparison of Business Structures Available to Taiwanese Companies

Business Structure Best Suited For Separate Legal Entity Revenue Generation in India Foreign Ownership Key Considerations
Wholly Owned Subsidiary (WOS) Manufacturing, trading, services, long-term business operations ✔ Yes ✔ Yes Up to 100% in many sectors, subject to FDI policy Most preferred option for long-term investment
Joint Venture (JV) Businesses requiring a local strategic partner, technology collaboration or shared investment ✔ Yes ✔ Yes Shared ownership Suitable where a local partner adds commercial or regulatory value
Branch Office (BO) Foreign companies wishing to undertake permitted activities in India without incorporating a separate company ✖ No ✔ Limited to permitted activities Foreign company Generally requires RBI/Government approval under applicable regulations
Liaison Office (LO) Market research, business promotion and acting as a communication channel between the foreign head office and Indian customers ✖ No ✖ Not permitted to undertake commercial activities Foreign company Cannot earn income in India and generally requires RBI approval
Project Office (PO) Foreign companies executing a specific project or contract in India ✖ No ✔ Limited to the approved project Foreign company Suitable for infrastructure, EPC and project-based assignments

Which Structure is Most Suitable for Taiwanese Companies?

Although every investment proposal should be evaluated individually, our experience indicates that a Wholly Owned Subsidiary is the most suitable structure for the majority of Taiwanese companies entering India. It allows the foreign investor to maintain complete ownership and control while establishing a separate legal entity capable of undertaking manufacturing, trading, service and commercial activities in India.

A Joint Venture may be preferable where a trusted Indian partner brings industry expertise, distribution networks, regulatory experience or local market access.

A Branch Office or Liaison Office is generally appropriate only in specific situations, such as when an established overseas company wishes to maintain a limited operational presence in India without incorporating a subsidiary. Similarly, a Project Office is suitable where the foreign company has secured a specific project or contract in India.

The choice of business structure should always be made after considering the applicable FDI policy, regulatory requirements, tax implications, commercial objectives and future business plans.

At EzyBiz India Consulting LLP, we help Taiwanese companies evaluate the available business structures from legal, commercial and tax perspectives before recommending the most appropriate market entry strategy. Our objective is not merely to incorporate a company, but to help investors establish a business structure that supports long-term growth while ensuring compliance with Indian laws and regulations.

Wholly Owned Subsidiary in India – The Preferred Choice for Taiwanese Companies

For most Taiwanese companies planning to establish a long-term business presence in India, a Wholly Owned Subsidiary (WOS) is generally the most suitable and widely preferred entry structure. It offers complete ownership, operational flexibility and the ability to conduct a full range of commercial activities, while providing the protection of a separate legal entity.

A Wholly Owned Subsidiary is an Indian company incorporated under the Companies Act, 2013. Although it is owned by a foreign parent company or foreign shareholders, it is treated as a separate legal entity from its owners. This enables the business to enter into contracts, own assets, employ personnel, borrow funds and conduct business in its own name.

For Taiwanese investors looking to establish manufacturing facilities, trading operations, research and development centres, sourcing offices, technology businesses or service companies in India, a Wholly Owned Subsidiary is usually the most efficient structure, subject to the applicable Foreign Direct Investment (FDI) policy and sector-specific regulations.

Key Advantages of a Wholly Owned Subsidiary

A Wholly Owned Subsidiary offers several advantages over other forms of business presence in India:

  • Complete ownership and management control – In sectors where 100% FDI is permitted under the applicable policy, Taiwanese investors can retain full ownership and strategic control of the Indian company.
  • Separate legal identity – The Indian company has its own legal existence, distinct from its shareholders. This limits the liability of shareholders to the extent permitted by law.
  • Ability to undertake commercial activities – Unlike a Liaison Office, a subsidiary may manufacture, trade, provide services, enter into contracts, issue invoices, earn revenue and undertake other permitted business activities.
  • Greater credibility – Indian customers, banks, suppliers and government authorities generally prefer dealing with an incorporated Indian entity for long-term commercial relationships.
  • Scalability – A subsidiary provides flexibility to expand operations, induct investors, establish manufacturing facilities, acquire businesses and raise finance as the business grows.
  • Profit repatriation – Subject to applicable tax laws, FEMA regulations and other legal requirements, profits may generally be repatriated to the foreign shareholders through dividends or other permitted mechanisms.

Can a Taiwanese Company Own 100% of an Indian Company?

In many sectors, yes.

India permits up to 100% Foreign Direct Investment (FDI) under the Automatic Route in numerous industries, allowing Taiwanese companies to establish a wholly owned subsidiary without prior Government approval, subject to sector-specific conditions and the applicable FDI policy.

However, not all sectors are treated alike. Certain sectors have investment caps, conditional approvals or require prior Government approval. Before investing, the proposed business activities should be reviewed to determine the applicable FDI route and any regulatory restrictions.

Does a Taiwanese Company Need an Indian Shareholder?

Generally, no.

Indian company law does not require a foreign-owned private limited company to have an Indian shareholder merely because the investment is foreign.

Subject to the applicable FDI policy, a Taiwanese company may hold 100% of the share capital. Alternatively, the shareholding may be structured with two foreign corporate or individual shareholders where commercially appropriate.

Many foreign investors initially assume that an Indian nominee shareholder is legally mandatory. In most cases, this is a misconception. The appropriate shareholding structure should instead be determined based on legal requirements, commercial objectives and future investment plans.

Can Taiwanese Nationals Become Directors?

Yes.

Taiwanese nationals may be appointed as directors of an Indian company, subject to compliance with the Companies Act, 2013 and MCA requirements.

However, every Indian company is required to have at least one resident director who satisfies the statutory residency requirement under the Companies Act. This does not necessarily mean that the person must be an Indian citizen; the requirement relates to residency in India.

Where foreign promoters do not initially have a suitable resident director, practical arrangements should be planned in advance to avoid delays in incorporation.

Practical Considerations Before Incorporation

Although the legal framework permits foreign ownership in many sectors, Taiwanese investors should also consider several practical aspects before incorporating an Indian subsidiary, including:

  • Selection of the most appropriate shareholding structure.
  • Appointment of directors and compliance with resident director requirements.
  • Availability of a registered office address in India.
  • Preparation and notarisation or apostille of incorporation documents, where applicable.
  • Opening of bank accounts and completion of KYC formalities.
  • FEMA reporting and RBI compliance after receipt of foreign investment.
  • Tax registrations and other post-incorporation compliances.

Addressing these matters at the planning stage helps ensure a smooth incorporation process and reduces the likelihood of regulatory or operational delays.

Is a Wholly Owned Subsidiary Always the Best Option?

Not necessarily.

While a Wholly Owned Subsidiary is suitable for most Taiwanese companies planning long-term operations in India, there are situations where another structure may be more appropriate.

For example:

  • A Joint Venture may be preferable where an Indian partner brings valuable market knowledge, distribution networks or industry expertise.
  • A Branch Office may be suitable for an existing overseas company undertaking only specific permitted activities.
  • A Liaison Office may be appropriate where the objective is limited to market research, promotion or acting as a communication channel without carrying out commercial activities.
  • A Project Office may be considered for executing a specific project or contract in India.

The appropriate structure should therefore be selected after considering the proposed business model, regulatory framework, tax implications and long-term commercial objectives.

How EzyBiz Assists Taiwanese Companies

At EzyBiz India Consulting LLP, we assist Taiwanese businesses throughout the entire incorporation process—from evaluating the most suitable business structure to obtaining regulatory registrations and ensuring ongoing compliance.

Our services include:

  • Evaluation of the applicable FDI policy and investment route.
  • Advice on the most appropriate ownership and management structure.
  • Company incorporation under the Companies Act, 2013.
  • FEMA and RBI advisory and post-investment reporting.
  • Assistance with registered office arrangements and practical incorporation requirements.
  • PAN, TAN, GST and other statutory registrations.
  • Accounting, payroll, ROC compliance and tax advisory after incorporation.

Our objective is to help Taiwanese companies establish a compliant and commercially efficient business presence in India while avoiding unnecessary regulatory hurdles and delays.

Other Business Structures Available for Taiwanese Companies

Although a Wholly Owned Subsidiary is generally the preferred structure for Taiwanese companies establishing a long-term business presence in India, alternative business structures may be more suitable depending on the investor’s commercial objectives, proposed activities and regulatory requirements.

The following options are available under Indian law.

Joint Venture (JV)

A Joint Venture involves establishing an Indian company together with one or more Indian or foreign partners. This structure is suitable where a local partner contributes market knowledge, distribution networks, manufacturing facilities, technology or industry expertise. It allows both parties to share ownership, management responsibilities and business risks while combining their respective strengths.

Suitable for:

  • Strategic partnerships
  • Technology collaborations
  • Manufacturing alliances
  • Businesses requiring local market expertise

Learn more: Joint Venture in India

Branch Office (BO)

A Branch Office enables an existing foreign company to undertake specified business activities in India without incorporating a separate company. Branch Offices are generally suitable for companies wishing to establish a limited operational presence in India and are subject to FEMA regulations and applicable RBI requirements.

Suitable for:

  • Export and import activities
  • Professional and consultancy services
  • Research activities
  • Representing the foreign parent company

Learn more: Branch Office in India

Liaison Office (LO)

A Liaison Office functions as a communication and representative office between the foreign parent company and Indian customers or business partners. It cannot undertake commercial or revenue-generating activities in India and is primarily used for market research, business promotion and coordination.

Suitable for:

  • Market research
  • Business promotion
  • Communication with Indian customers
  • Exploring future investment opportunities

Learn more: Liaison Office in India

Project Office (PO)

A Project Office is established for executing a specific project in India, typically in sectors such as infrastructure, engineering, construction and turnkey projects. Once the project is completed, the Project Office is generally closed unless further approvals are obtained.

Suitable for:

  • Infrastructure projects
  • EPC contracts
  • Construction assignments
  • Government and industrial projects

Learn more: Project Office in India

Which Business Structure Should You Choose?

Every investment proposal is unique. The most appropriate business structure depends on several factors, including the proposed business activities, investment size, ownership preferences, applicable FDI policy, regulatory approvals, taxation and long-term expansion plans.

Before making an investment decision, Taiwanese companies should carefully evaluate all legal, commercial and tax implications. Professional advice at the planning stage can help avoid unnecessary restructuring costs and ensure that the selected structure supports future business growth.

At EzyBiz India Consulting LLP, we help Taiwanese businesses assess the available options and recommend the most suitable market entry structure based on their commercial objectives and regulatory requirements.

Taiwan Company

Entry Strategy

Business Structure

Company Registration

Bank Account

GST

FEMA Compliance

Business Operations

Alternative Market Entry Option – Appointing an Indian Distributor

Not every Taiwanese company needs to establish a legal entity in India before entering the market. For many businesses, appointing an experienced Indian distributor is a practical and cost-effective way to evaluate market potential before making a long-term investment. This is called as Distributor Appointment Services model.

Under this model, the overseas company exports its products to an independent Indian distributor, who is responsible for importing, marketing, selling and distributing the products within India. This allows foreign businesses to establish a commercial presence without immediately incorporating a company or setting up a branch office in India.

A distributor appointment services model may be particularly suitable for companies that wish to:

  • Test the Indian market before making significant investments.
  • Build a customer base and distribution network.
  • Export products to India without establishing a local entity.
  • Assess long-term commercial opportunities with relatively lower investment and regulatory compliance.

As business operations expand, many foreign companies subsequently transition from a distributorship arrangement to a Wholly Owned Subsidiary, Joint Venture or another suitable business structure.

At EzyBiz India Consulting LLP, we advise overseas companies on selecting the most appropriate India market entry strategy based on their business objectives. We also assist clients in identifying suitable distribution partners, conducting commercial due diligence, reviewing distribution agreements and planning a smooth transition to a permanent business presence in India, where appropriate.

Company Registration Process in India for Taiwanese Companies

This section should explain the complete journey from deciding the structure to commencing business operations.

Proposed Steps

Step Activity
Step 1 Evaluate the proposed business activities and select the most appropriate entry structure.
Step 2 Review the applicable FDI policy, sectoral conditions and determine whether the investment falls under the Automatic Route or Government Route.
Step 3 Finalise the shareholding pattern, Board composition and identify the resident director, if required.
Step 4 Arrange the registered office (or suitable registered office/virtual office solution) and collect incorporation documents from the foreign shareholders and directors.
Step 5 Prepare and execute incorporation documents, including notarisation/apostille where applicable, and obtain Digital Signature Certificates (DSCs).
Step 6 Apply for company incorporation through the MCA portal, along with PAN, TAN and other statutory registrations.
Step 7 Open the company’s bank account, receive foreign investment and complete FEMA/RBI reporting within the prescribed timelines.
Step 8 Obtain GST registration and other industry-specific licences, if required, and commence business operations.
Step 9 Set up accounting, payroll, statutory registers and ongoing ROC, FEMA, GST and income-tax compliance systems.

Legal & Practical Incorporation Requirements for Taiwanese Companies

Establishing a business in India involves much more than simply incorporating a company. Before commencing operations, Taiwanese investors should carefully evaluate the legal, regulatory and practical requirements applicable under the Companies Act, 2013, the Foreign Exchange Management Act (FEMA), applicable FDI Policy, RBI regulations and other sector-specific laws.

Although India has significantly simplified the company incorporation process through digital filings on the Ministry of Corporate Affairs (MCA) portal, foreign investors are often required to complete several preliminary formalities relating to ownership structure, director appointments, documentation, registered office, banking arrangements and post-investment regulatory compliance.

Proper planning at the initial stage not only facilitates smooth incorporation but also helps avoid delays arising from incomplete documentation, incorrect ownership structures or regulatory issues identified during incorporation or subsequent compliance.

For Taiwanese companies, particular attention should be given to:

  • Selecting the appropriate shareholding and management structure.
  • Evaluating the applicable Foreign Direct Investment (FDI) policy for the proposed business activities.
  • Reviewing whether any sector-specific approvals or Government approvals are required before making the investment.
  • Identifying suitable directors and ensuring compliance with the resident director requirements under the Companies Act, 2013.
  • Arranging a registered office address in India and completing the necessary incorporation documentation.
  • Preparing notarised or apostilled documents where required for foreign shareholders and directors.
  • Planning post-incorporation compliances such as bank account opening, FEMA reporting, GST registration, tax registrations and ongoing ROC filings.

While the legal framework governing foreign investment in India is well established, every investment proposal should be evaluated individually after considering the proposed business activities, ownership structure, regulatory requirements, tax implications and long-term commercial objectives. Seeking professional advice before incorporation can help Taiwanese investors establish a compliant and commercially efficient business presence in India while avoiding unnecessary regulatory or operational challenges.

Shareholding Structure and Director Requirements for Taiwanese Companies

One of the first questions Taiwanese investors ask while planning their India entry is whether they can establish and own an Indian company without involving an Indian shareholder. Fortunately, Indian company law and the Foreign Direct Investment (FDI) framework permit considerable flexibility in structuring foreign investments, subject to sector-specific regulations and applicable Government policies.

Careful planning of the shareholding pattern and board composition at the initial stage helps avoid future restructuring, facilitates regulatory compliance and supports the long-term commercial objectives of the business.

Minimum Shareholders

Under the Companies Act, 2013, a private limited company must have a minimum of two shareholders and may have up to 200 shareholders.

For Taiwanese investors, the shareholders may be:

  • Two Taiwanese individuals;
  • A Taiwanese company and a Taiwanese individual;
  • Two Taiwanese corporate entities;
  • A Taiwanese company together with another foreign individual or foreign corporate entity; or
  • Any other legally permissible combination, subject to the applicable FDI policy and sector-specific regulations.

Contrary to a common misconception, Indian company law does not generally require an Indian resident or Indian citizen to hold shares in the company merely because the investment is foreign. Where the applicable FDI policy permits 100% foreign ownership, the entire share capital may be held by eligible foreign investors.

However, the proposed shareholding structure should always be reviewed after considering the applicable FDI policy, beneficial ownership, funding arrangements and long-term business plans.

Can a Taiwanese Company Hold Shares in an Indian Company?

Yes.

A company incorporated in Taiwan may invest in an Indian company as a shareholder, subject to the applicable Foreign Direct Investment (FDI) policy, FEMA regulations and sector-specific conditions.

Many multinational groups prefer the Taiwanese parent company to directly hold shares in the Indian subsidiary. Others may choose to invest through an overseas holding company depending on tax efficiency, group restructuring, investment protection or commercial considerations.

Before deciding the investment structure, factors such as beneficial ownership, transfer pricing, future funding requirements, exit strategy and applicable tax implications should be evaluated.

Minimum Directors

Every private limited company in India must have a minimum of two directors.

Foreign nationals, including Taiwanese nationals, may be appointed as directors of an Indian company, subject to the Companies Act, 2013, applicable MCA requirements and other applicable laws.

Directors are responsible for the overall management of the company and are expected to discharge their statutory duties in accordance with Indian corporate laws.

Resident Director Requirement

In addition to the minimum number of directors, the Companies Act, 2013 requires every company to have at least one director who satisfies the prescribed resident director requirement.

It is important to understand that a resident director is not necessarily an Indian citizen. The requirement is based on the statutory residency criteria under the Companies Act rather than nationality.

Many overseas promoters are initially unfamiliar with this requirement, and identifying an appropriate resident director is often one of the practical issues that should be addressed before incorporation.

Board Composition

The composition of the Board of Directors should be determined after considering the proposed ownership structure, operational requirements and future expansion plans.

For many Taiwanese companies, the board initially consists of:

  • One or more representatives of the Taiwanese parent company; and
  • One resident director satisfying the statutory requirements.

As the business expands, additional directors may be appointed to strengthen governance, bring industry expertise or represent investors.

The board structure should also take into account future investment rounds, governance requirements, reserved matters, delegation of authority and succession planning.

Beneficial Ownership and Ownership Structure

While deciding the shareholding pattern, foreign investors should also evaluate the ownership structure beyond the immediate shareholders.

Indian regulatory authorities, authorised dealer banks and other stakeholders may require disclosure of the Ultimate Beneficial Owner (UBO), the ownership chain and persons exercising control over the investing entity.

Where the investment involves multiple holding companies, trusts, investment funds or layered ownership structures, additional documentation and regulatory review may be required.

Proper planning of the ownership structure at the outset helps facilitate regulatory approvals, banking formalities and ongoing compliance.

Practical Considerations for Taiwanese Investors

Apart from the legal requirements, Taiwanese companies should also consider several practical aspects before finalising the ownership and management structure, including:

  • Long-term expansion plans in India.
  • Future induction of strategic or financial investors.
  • Ease of raising additional capital.
  • Tax efficiency.
  • Dividend distribution and profit repatriation.
  • Decision-making authority and board control.
  • Succession planning.
  • Regulatory compliance under the Companies Act, FEMA and other applicable laws.

Selecting an appropriate ownership and management structure at the planning stage provides a strong foundation for future growth and reduces the need for costly restructuring as the business expands.

Common Questions and Misconceptions Among Taiwanese Companies Entering India

Expanding into a new country often involves navigating unfamiliar legal and regulatory requirements. During our interactions with foreign investors, we have observed that many Taiwanese companies have certain misconceptions about establishing a business in India. Clarifying these issues at the planning stage can help avoid unnecessary delays, incorrect structuring and additional compliance costs.

Misconception 1: An Indian Shareholder is Mandatory

Reality:
No. Indian law does not generally require a foreign-owned private limited company to have an Indian shareholder. Subject to the applicable FDI policy and sector-specific regulations, a Taiwanese company or Taiwanese individuals may hold 100% of the share capital of an Indian company.

Misconception 2: An Indian Citizen Must Always Be a Director

Reality:
No. Foreign nationals, including Taiwanese nationals, may be appointed as directors of an Indian company. However, every company is required to have at least one director who satisfies the statutory resident director requirement under the Companies Act, 2013. Residency is different from nationality, and this distinction is often misunderstood by foreign investors.

Misconception 3: Every Foreign Investment Requires Prior Government Approval

Reality:
Not necessarily. India permits up to 100% Foreign Direct Investment (FDI) under the Automatic Route in many sectors. However, certain sectors remain subject to Government approval, investment caps or other regulatory conditions. The applicable investment route should always be evaluated based on the proposed business activities and ownership structure.

Misconception 4: A Branch Office is Better Than a Wholly Owned Subsidiary

Reality:
A Branch Office is suitable only in specific circumstances and is subject to restrictions on the activities it may undertake. For most Taiwanese companies planning long-term commercial operations in India, a Wholly Owned Subsidiary generally offers greater operational flexibility, a separate legal identity and wider business opportunities.

Misconception 5: Company Incorporation is the Final Step

Reality:
Incorporation is only the beginning. After registration, companies must complete several post-incorporation formalities, including opening a bank account, receiving foreign investment, FEMA and RBI reporting, obtaining GST and other registrations where applicable, maintaining statutory records and complying with ongoing ROC, tax and labour law requirements.

Misconception 6: Standard Incorporation Documents are Sufficient

Reality:
Foreign investors are often required to provide notarised or apostilled documents, depending on the applicable legal requirements and the jurisdiction from which the documents originate. Proper documentation at the outset helps prevent delays during the incorporation process.

Misconception 7: Tax Planning Can Be Considered Later

Reality:
The ownership structure, funding model and business activities should be evaluated from both a regulatory and tax perspective before making an investment. Early tax planning can help optimise the investment structure, facilitate profit repatriation and reduce the likelihood of future restructuring.

Misconception 8: Every Taiwanese Investment is Treated the Same

Reality:
Each investment proposal should be evaluated individually. The applicable FDI policy, ownership structure, beneficial ownership, proposed business activities, sector-specific regulations and other legal considerations may affect the investment process and compliance requirements. A structure that works for one investor may not necessarily be appropriate for another.

Why Professional Advice Matters

India offers a transparent and investor-friendly regulatory framework for foreign businesses. However, selecting the right business structure, understanding the applicable legal requirements and planning the investment correctly from the outset can significantly reduce compliance risks and facilitate a smoother market entry.

Obtaining professional advice before incorporation enables Taiwanese companies to make informed decisions, avoid common mistakes and establish a strong foundation for long-term business success in India.

Foreign Direct Investment (FDI), FEMA & RBI Compliance for Taiwanese Companies

Foreign investment in India is primarily governed by the Foreign Exchange Management Act, 1999 (FEMA), the Foreign Exchange Management (Non-Debt Instruments) Rules, the Consolidated FDI Policy issued by the Government of India and various regulations, circulars and directions issued by the Reserve Bank of India (RBI).

Before investing in India, Taiwanese companies should carefully evaluate the applicable Foreign Direct Investment (FDI) policy, as the permissible investment route, sector-specific conditions and post-investment compliance requirements may vary depending on the proposed business activities.

Understanding the regulatory framework at the planning stage helps investors structure their investments correctly, minimise regulatory risks and avoid delays in company incorporation or subsequent capital infusion.

Foreign Direct Investment (FDI) Routes in India

Foreign investment in India is generally permitted through one of the following routes:

Automatic Route

Under the Automatic Route, foreign investment can be made without obtaining prior approval from the Government of India, provided the investment complies with the applicable FDI policy and sector-specific conditions.

Many sectors, including manufacturing and several service industries, permit up to 100% foreign investment under the Automatic Route, making India an attractive destination for overseas investors.

However, even where prior approval is not required, investors must comply with applicable FEMA regulations, RBI reporting requirements and other statutory obligations after the investment is made.

Government Route

Certain sectors or investment proposals require prior approval from the Government of India before foreign investment can be made.

Whether Government approval is required depends on several factors, including:

  • The nature of the proposed business activities.
  • The applicable sector-specific FDI policy.
  • Sectoral investment caps and conditions.
  • The ownership and control structure of the investor.
  • Other applicable regulatory considerations.

Accordingly, every investment proposal should be evaluated individually before funds are remitted to India.

FEMA Compliance

After a Taiwanese investor establishes an Indian company and remits capital into India, various FEMA compliances become applicable.

Depending on the transaction, these may include:

  • Receipt of foreign investment through approved banking channels.
  • Issue and allotment of shares in accordance with applicable laws.
  • Valuation of shares, wherever required.
  • Filing of prescribed RBI reporting forms within the applicable timelines.
  • Maintenance of supporting documentation relating to foreign investment.
  • Compliance with pricing guidelines and other FEMA requirements.

Failure to comply with FEMA regulations may result in delays, penalties or additional regulatory proceedings. Therefore, it is advisable to plan the investment structure and reporting requirements before remitting funds.

RBI Reporting Requirements

The Reserve Bank of India has prescribed various reporting obligations for Indian companies receiving foreign investment.

Depending on the nature of the transaction, these may include reporting relating to:

  • Receipt of foreign investment.
  • Issue of equity instruments.
  • Transfer of shares between residents and non-residents.
  • Downstream investment, where applicable.
  • Annual reporting and other FEMA-related compliances.

The reporting requirements vary depending on the transaction structure and should be evaluated on a case-by-case basis.

Repatriation of Profits

One of the common questions raised by Taiwanese investors is whether profits earned by the Indian company can be remitted to Taiwan.

Subject to applicable tax laws, FEMA regulations and completion of the prescribed procedural requirements, profits may generally be repatriated through legally permissible mechanisms such as dividends or other approved modes.

Before implementing any profit repatriation strategy, companies should evaluate:

  • Applicable withholding tax provisions.
  • Double Taxation Avoidance Agreement (DTAA), where relevant.
  • FEMA requirements.
  • Corporate law provisions.
  • Transfer pricing implications for cross-border transactions.

Proper planning helps optimise tax efficiency while ensuring regulatory compliance.

Sector-Specific Conditions

Although India has liberalised foreign investment across many sectors, certain industries continue to be subject to sector-specific conditions, investment limits or Government approval requirements.

Accordingly, before finalising the investment structure, Taiwanese companies should evaluate:

  • Whether 100% FDI is permitted in the proposed sector.
  • Whether the investment falls under the Automatic Route or Government Route.
  • Applicable sectoral caps.
  • Industry-specific licences or approvals.
  • Conditions applicable to manufacturing, trading or service activities.
  • Any additional compliance requirements prescribed under the applicable laws.

A sector-specific regulatory review at the planning stage helps avoid restructuring and ensures that the proposed investment complies with India’s FDI framework.

Importance of Professional Regulatory Planning

While India’s FDI regime is generally investor-friendly, every investment proposal should be reviewed from both a commercial and regulatory perspective before implementation.

Factors such as ownership structure, beneficial ownership, funding arrangements, sector-specific regulations, FEMA compliance, taxation and future business expansion should all be considered before capital is invested.

Professional regulatory planning helps Taiwanese companies establish a legally compliant and commercially efficient business presence while reducing the risk of avoidable regulatory issues in the future.

Special Regulatory Considerations for Foreign Investments in India

In addition to the general Foreign Direct Investment (FDI) framework, Taiwanese companies should carefully evaluate certain regulatory considerations before making an investment in India. While India has liberalised foreign investment across many sectors, the applicable investment route may depend not only on the nature of the business activities but also on the ownership structure, beneficial ownership and control of the investing entity.

Accordingly, it is advisable to review the proposed investment structure before remitting funds or incorporating an Indian company to ensure compliance with the applicable FDI policy, FEMA regulations and other regulatory requirements.

India’s Land-Border Investment Framework

In April 2020, the Government of India introduced Press Note 3 (2020) to regulate investments from countries sharing a land border with India. The objective was to ensure that investments involving such countries are subject to appropriate regulatory scrutiny where required.

In March 2026, the Government reviewed this framework through Press Note 2 (2026). The revised policy clarified the concept of beneficial ownership, aligned it with the Prevention of Money-laundering Act (PMLA), introduced objective ownership and control tests, and created additional reporting requirements for certain investment structures. The corresponding FEMA amendments became effective in May 2026.

Does This Framework Automatically Apply to Taiwanese Companies?

Not necessarily.

Taiwan does not share a land border with India. Therefore, a Taiwanese citizen or a company incorporated in Taiwan would not ordinarily fall within the land-border investment framework merely because it is based in Taiwan.

However, the analysis does not stop with the place of incorporation. Under the revised policy, Indian authorities may also examine the beneficial ownership and control of the investing entity. Where the ownership chain includes persons or entities connected with a country sharing a land border with India, the investment may require additional review, reporting or prior Government approval depending on the facts of the case.

For this reason, every Taiwanese investment should be evaluated on its own merits rather than assuming that the land-border framework either always applies or never applies.

Why Beneficial Ownership Matters

Under the revised policy, regulators may review matters such as:

  • The complete shareholding structure of the foreign investor.
  • Ultimate Beneficial Owners (UBOs).
  • Voting rights and ownership percentages.
  • Board appointment or veto rights.
  • Persons exercising direct or indirect control.
  • Ultimate effective control over the proposed Indian company.

This review is particularly important where investments are routed through holding companies, investment funds or multi-layered ownership structures. Early analysis of the ownership chain helps identify any regulatory issues before funds are remitted to India.

MCA and Companies Act Compliance

Apart from FEMA and the FDI Policy, foreign investors must also comply with the requirements of the Companies Act, 2013 and the procedures prescribed by the Ministry of Corporate Affairs (MCA).

Depending on the investor’s nationality, ownership structure and the applicable FDI regulations, additional declarations or security-clearance related disclosures may be required while applying for Director Identification Numbers (DIN), appointing directors, transferring shares or completing other MCA filings. These procedural requirements operate alongside the FDI framework and should be reviewed during the incorporation process.

Practical Guidance for Taiwanese Investors

Before establishing operations in India, Taiwanese companies should undertake a comprehensive regulatory review covering:

  • The proposed business activities and applicable FDI policy.
  • Whether the investment falls under the Automatic Route or Government Route.
  • The complete ownership and beneficial ownership structure of the investing entity.
  • The identity and nationality of significant shareholders and persons exercising control.
  • Sector-specific investment conditions, if any.
  • FEMA reporting requirements and post-investment compliance obligations.
  • MCA incorporation and corporate governance requirements.

Addressing these issues at the planning stage significantly reduces the risk of delays during incorporation, banking formalities and subsequent regulatory filings.

Our Practical Experience

In our experience, many foreign investors focus primarily on incorporating the company and arranging capital, while the ownership structure and regulatory implications are reviewed only at a later stage. This often results in avoidable delays, additional documentation requests and restructuring requirements.

A structured legal and regulatory review before incorporation helps ensure that the proposed investment complies with the applicable FDI policy, FEMA regulations and MCA requirements from the outset, enabling a smoother and more efficient market entry process.

Taxation of Taiwanese Companies Operating in India

Tax planning is an important part of any India market entry strategy. The tax treatment depends on the chosen business structure, nature of activities, cross-border transactions, funding arrangements and manner in which profits are repatriated to Taiwan.

An Indian subsidiary incorporated under the Companies Act, 2013 is generally treated as an Indian domestic company for tax purposes, even where its entire share capital is held by a Taiwanese parent company. In contrast, a Branch Office or Project Office remains part of the overseas legal entity and may be taxed in India as a foreign company.

Taiwanese investors should review the tax implications before finalising the ownership, funding and operating structure.

Corporate Income Tax on an Indian Subsidiary

An Indian subsidiary is liable to corporate income tax on its taxable profits in India.

Eligible domestic companies may consider the concessional corporate tax regime under Section 115BAA, which presently provides a basic tax rate of 22%, subject to prescribed conditions and the company foregoing specified deductions and incentives. Applicable surcharge and health and education cess are charged additionally. Companies that do not opt for the concessional regime are taxed under the applicable normal provisions.

The most suitable tax regime should be evaluated after considering:

  • Expected profitability;
  • Available tax deductions and incentives;
  • Brought-forward losses and unabsorbed depreciation;
  • Manufacturing or sector-specific benefits;
  • Capital expenditure plans; and
  • Long-term business projections.

The tax option should therefore be selected after preparing a financial and tax comparison rather than solely by comparing the headline rates.

Goods and Services Tax

Goods and Services Tax may apply where the Indian company supplies goods or services, imports goods or services, or undertakes other taxable transactions in India.

Depending on the business model, GST considerations may include:

  • GST registration in one or more Indian states;
  • Taxability and classification of goods or services;
  • Applicable GST rates;
  • Input tax credit eligibility;
  • Place-of-supply rules;
  • Export of goods or services;
  • Import of services from the Taiwanese parent company;
  • Reverse-charge obligations;
  • E-invoicing and e-way bill requirements; and
  • Periodic GST returns and reconciliations.

GST registration is linked to the company’s place of business and operational presence. Therefore, the registered-office or virtual-office arrangement should be evaluated together with the actual business activities and GST requirements. The CBIC registration framework requires disclosure of the principal and additional places of business.

Transfer Pricing for Transactions with the Taiwanese Parent

Transactions between an Indian subsidiary and its Taiwanese parent company or other associated enterprises are subject to Indian transfer-pricing regulations.

Common cross-border transactions may include:

  • Purchase or sale of goods;
  • Import of components or machinery;
  • Management and support services;
  • Software or technology services;
  • Royalty and licence payments;
  • Research and development arrangements;
  • Inter-company loans;
  • Guarantees;
  • Reimbursement of expenses; and
  • Contract manufacturing or distribution arrangements.

Such transactions must generally be undertaken on an arm’s-length basis and supported by appropriate agreements, invoices, benchmarking and transfer-pricing documentation.

Transfer-pricing planning should begin before transactions are implemented. Preparing documentation only at the end of the financial year may not correct an unsuitable pricing model or an inadequately documented service arrangement.

Withholding Tax on Cross-Border Payments

Payments made by the Indian company to the Taiwanese parent, group companies or other non-residents may be subject to withholding tax in India.

This may apply to payments such as:

  • Interest;
  • Royalty;
  • Fees for technical or consultancy services;
  • Management charges;
  • Software payments;
  • Commission;
  • Dividend; and
  • Other income chargeable to tax in India.

The applicable withholding rate depends on Indian domestic law, the nature of the payment and the availability of relief under the India–Taipei tax agreement.

Before making a remittance, the Indian company may need to examine supporting agreements, beneficial ownership, tax-residency documentation, Permanent Account Number requirements and prescribed remittance certifications.

India–Taipei Double Taxation Agreement

India and Taipei have an agreement for the avoidance of double taxation and prevention of fiscal evasion in relation to taxes on income. The agreement was signed on 12 July 2011, entered into force on 12 August 2011 and has applied in India from 1 April 2012.

The agreement addresses matters including:

  • Residence;
  • Permanent Establishment;
  • Business profits;
  • Dividends;
  • Interest;
  • Royalties;
  • Fees for technical services;
  • Capital gains;
  • Employment income; and
  • Relief from double taxation.

Treaty relief is not automatic. The taxpayer must satisfy the relevant eligibility, residency, beneficial-ownership and documentation requirements. Where Indian domestic law provides a more beneficial treatment, the more favourable provision may apply, subject to applicable conditions.

For greater technical accuracy on the website, it is preferable to describe this as the India–Taipei tax agreement or the agreement between the specified associations of India and Taipei, rather than using language that may imply a conventional diplomatic treaty between two states.

Permanent Establishment Risk

A Taiwanese company may become taxable in India even without incorporating an Indian subsidiary if its activities create a Permanent Establishment in India under domestic law or the India–Taipei tax agreement.

Permanent Establishment exposure may arise from circumstances such as:

  • Maintaining a fixed place of business in India;
  • Operating through an office, factory, workshop or other business location;
  • Undertaking construction, installation or supervisory activities for the prescribed period;
  • Providing services in India for an extended period;
  • Having a dependent agent who habitually concludes contracts or plays the principal role in concluding contracts; or
  • Maintaining personnel or operational infrastructure in India.

Before deploying employees, representatives or project teams in India, Taiwanese companies should evaluate whether their activities may create an Indian taxable presence.

Profit Repatriation to Taiwan

Profits earned by an Indian subsidiary may generally be repatriated to its Taiwanese shareholder through dividends, subject to:

  • Availability of distributable profits;
  • Compliance with the Companies Act, 2013;
  • Applicable withholding tax;
  • FEMA and banking requirements;
  • Transfer-pricing considerations; and
  • Supporting tax and remittance documentation.

Other payments, such as interest, royalties, service fees or reimbursements, may also be permitted where they arise from genuine commercial arrangements and comply with tax, transfer-pricing and FEMA requirements.

The repatriation strategy should be planned at the investment stage because the choice between equity, debt, royalty and service arrangements can affect taxation, cash flow and regulatory compliance.

Customs and Import Taxes

Taiwanese manufacturing, electronics and technology companies may import machinery, components, raw materials or finished products into India.

Such imports may attract:

  • Basic Customs Duty;
  • Social Welfare Surcharge;
  • Integrated GST;
  • Anti-dumping or safeguard duties, where applicable; and
  • Product-specific duties or regulatory requirements.

The availability of exemptions, concessional rates and customs benefits depends on the product classification, country of origin, intended use and applicable notification.

Businesses should determine the correct customs classification and landed cost before finalising their India pricing or manufacturing strategy.

Ongoing Tax Compliance

After commencing operations, the Indian company may be required to undertake regular tax compliances, including:

  • Maintaining books of account;
  • Deducting and depositing withholding tax;
  • Filing withholding-tax returns;
  • Paying advance tax;
  • Filing the annual corporate income-tax return;
  • Completing tax audit, where applicable;
  • Maintaining transfer-pricing documentation;
  • Filing the accountant’s transfer-pricing report;
  • Filing GST returns and reconciliations; and
  • Responding to tax notices or regulatory enquiries.

A well-designed tax-compliance system from the first year helps prevent interest, penalties, missed credits and future disputes.

Why Tax Structuring Should Begin Before Incorporation

Tax planning should not be postponed until the Indian company starts earning revenue. Decisions taken before incorporation can affect:

  • The choice between a subsidiary, branch or joint venture;
  • The identity and jurisdiction of the investing shareholder;
  • Equity and debt funding;
  • Royalty and service arrangements;
  • Intellectual-property ownership;
  • Supply-chain structure;
  • Profit repatriation; and
  • Permanent Establishment exposure.

A coordinated review of company law, FEMA, direct tax, GST, customs and transfer pricing enables Taiwanese companies to establish a commercially efficient and compliant India operating structure.

Estimated Timeline for Setting Up a Business in India

The time required to establish a business in India depends on several factors, including the proposed business structure, completeness of documentation, sector-specific approvals, availability of the resident director, banking procedures and the applicable Foreign Direct Investment (FDI) regulations.

While many companies can be incorporated within a few weeks, the overall timeline may vary depending on the complexity of the investment structure and post-incorporation regulatory requirements.

The following timeline provides a general indication of the incorporation process for a Taiwanese company establishing a Wholly Owned Subsidiary in India.

Stage Estimated Timeline
Initial Consultation and Entry Strategy 1–2 Business Days
Review of Business Activities & FDI Eligibility 1–3 Business Days
Collection and Verification of Documents 3–7 Business Days
Notarisation / Apostille of Overseas Documents (where applicable) Depends on the issuing jurisdiction
Digital Signature Certificates (DSC) 1–2 Business Days
Company Name Reservation and Incorporation 5–10 Business Days (subject to MCA processing)
PAN, TAN and Certificate of Incorporation Generally issued along with or shortly after incorporation
Opening of Bank Account 1–3 Weeks (depending on the bank and KYC requirements)
Capital Infusion and FEMA / RBI Reporting Within the prescribed statutory timelines after receipt of funds and allotment of shares
GST Registration (if required) 3–10 Business Days
Commencement of Business Operations After completion of the applicable legal, banking and regulatory formalities

Factors That May Affect the Timeline

Although the incorporation process is largely digital, certain practical factors may influence the overall timeline, including:

  • Timely availability of documents from foreign shareholders and directors.
  • Notarisation or apostille requirements in Taiwan or other jurisdictions.
  • Selection of the appropriate business structure.
  • Sector-specific approvals or licences.
  • Banking due diligence and KYC procedures.
  • FEMA and RBI compliance requirements.
  • Clarifications sought by the Ministry of Corporate Affairs or other regulatory authorities.

Careful planning and advance preparation of documents can significantly reduce the time required to establish operations in India.

Please note: The above timelines are indicative and may vary depending on the facts of each case, regulatory processing times and the nature of the proposed business activities.

Estimated Cost of Setting Up a Business in India

One of the most common questions asked by foreign investors is, “How much does it cost to establish a business in India?” The answer depends on several factors, including the proposed business structure, industry, ownership pattern, documentation requirements and ongoing compliance obligations.

The overall investment should be viewed in two parts: incorporation costs and ongoing operational and compliance costs. While company incorporation in India is relatively cost-effective compared to many jurisdictions, foreign investors should budget for regulatory, professional and operational expenses to ensure a smooth market entry.

Key Cost Components

Cost Component Remarks
Government Fees Depend on authorised share capital, type of entity and applicable registrations.
Professional Fees Vary depending on the complexity of the investment structure, advisory requirements and incorporation services.
Digital Signature Certificates (DSC) Required for proposed directors.
Document Notarisation / Apostille Depends on the jurisdiction from which documents are issued.
Registered Office / Virtual Office Costs vary based on the city, location and type of office arrangement.
Bank Account Opening Banks may have different documentation and compliance requirements.
FEMA & RBI Compliance Professional assistance may be required for regulatory reporting and compliance.
GST and Other Registrations Applicable depending on the nature of business activities.
Accounting, Payroll & ROC Compliance Ongoing compliance costs should be considered while planning the investment.
Industry-Specific Licences Additional approvals may be required depending on the business sector.

Factors Affecting the Overall Cost

The total cost of establishing operations in India may vary depending on:

  • Nature of the proposed business activities.
  • Choice of business structure.
  • Authorised share capital.
  • Number of foreign shareholders and directors.
  • Documentation and legalisation requirements.
  • State-specific registrations and licences.
  • Banking and regulatory requirements.
  • Ongoing accounting, tax and compliance support.

Rather than focusing solely on the incorporation cost, foreign investors should adopt a long-term perspective and ensure that the business is structured efficiently from legal, tax and regulatory standpoints. Proper planning at the outset often results in significant cost savings over the life of the business.

Disclaimer: The cost of establishing a business in India varies from case to case. A customised estimate should be prepared after reviewing the proposed business activities, ownership structure, applicable FDI policy and regulatory requirements.

Why Choose EzyBiz India Consulting LLP for Your India Market Entry?

Entering a new market requires much more than company incorporation. It requires careful planning, regulatory expertise and ongoing support to ensure that the business is established efficiently and remains compliant with Indian laws.

At EzyBiz India Consulting LLP, we provide comprehensive India Market Entry Services to foreign businesses looking to establish and expand their operations in India. Our objective is to simplify the market entry process by providing practical, commercially focused and legally compliant solutions tailored to the client’s business objectives.

Why Foreign Companies Choose Us

  • 20+ Years of Professional Experience in advising domestic and international businesses.
  • Chartered Accountant-led consulting firm with extensive experience in cross-border advisory.
  • Big Four professional background, bringing global standards and practical execution.
  • End-to-End India Market Entry Support from business planning to ongoing compliance.
  • Expertise in Foreign Direct Investment (FDI), FEMA and RBI regulations.
  • Comprehensive support for company incorporation, taxation, GST, accounting, payroll and ROC compliance.
  • Practical experience in assisting foreign investors with registered office arrangements, banking support and regulatory documentation.
  • Commercially focused advice that balances legal compliance with business objectives.
  • A dedicated team providing a single point of coordination throughout the India entry journey.
  • Long-term support beyond incorporation, enabling businesses to focus on growth while we manage compliance.

Whether you are evaluating investment opportunities, establishing a manufacturing facility, setting up a technology centre or expanding your global operations into India, our team works closely with you to ensure a smooth and successful market entry.

How EzyBiz Supports Taiwanese Companies Throughout Their India Entry Journey

Establishing a business in a new country involves multiple legal, regulatory and commercial considerations. Rather than providing isolated services, we support foreign investors throughout their India market entry journey—from the initial planning stage to ongoing business operations.

Stage Our Support
Market Entry Strategy Understanding business objectives, evaluating opportunities and recommending the most suitable India entry strategy.
Business Structure Selection Advising whether a Wholly Owned Subsidiary, Joint Venture, Branch Office, Liaison Office or Project Office is the most appropriate structure.
Investment & Regulatory Review Evaluating FDI eligibility, FEMA implications, sector-specific regulations and ownership structure.
Company Incorporation End-to-end company registration under the Companies Act, 2013, including MCA filings and statutory registrations.
Banking & Capital Infusion Assistance with bank account opening, capital infusion planning and post-investment regulatory compliances.
Tax & Regulatory Registrations PAN, TAN, GST and other statutory registrations required to commence business operations.
Accounting & Payroll Setup Establishing accounting systems, payroll processes and financial reporting mechanisms.
Ongoing Compliance ROC, FEMA, GST, income tax, accounting and other periodic compliance support.
Business Growth & Expansion Advisory services relating to restructuring, additional investments, mergers, acquisitions and strategic expansion in India.

Our role extends beyond company incorporation. We aim to become a long-term business partner, helping foreign investors establish, operate and grow their business in India with confidence.

Success Stories / Our Experience with Foreign Investors

  • Assisted a Taiwanese electronics company in incorporating its Indian subsidiary and setting up post-incorporation compliance.
  • Advised an overseas manufacturing group on selecting the appropriate India entry structure and FEMA compliance.
  • Supported foreign investors with company incorporation, GST registration, accounting and ongoing ROC compliance.

    Related India Market Entry Services

    Establishing a business in India often involves several legal, regulatory and commercial considerations beyond company incorporation. Depending on your business objectives, you may also find the following services useful:

    If you are uncertain about the most suitable structure for your business, our India Entry specialists can help you evaluate the available options and recommend the most appropriate strategy based on your commercial objectives and the applicable regulatory framework.

    Ready to Expand Your Business into India?

    Whether you are exploring the Indian market for the first time or planning to establish manufacturing, trading or service operations, choosing the right market entry strategy is critical to your long-term success.

    At EzyBiz India Consulting LLP, we help foreign businesses navigate every stage of their India entry journey—from evaluating investment opportunities and selecting the most appropriate business structure to company incorporation, FEMA and RBI compliance, taxation, accounting, payroll and ongoing regulatory support.

    Our team combines commercial insight with practical implementation experience to help businesses establish and grow their Indian operations efficiently and in compliance with applicable laws.

    Schedule a Consultation with Our India Entry Specialists

    If your organisation is considering expansion into India, we would be pleased to discuss your business objectives and recommend the most suitable market entry strategy.

    Contact us today to schedule a consultation and take the first step towards establishing your business in India with confidence.

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Frequently Asked Questions (FAQs)

1. Can a Taiwanese company establish a wholly owned subsidiary in India?

Yes. In many sectors, India permits up to 100% Foreign Direct Investment under the Automatic Route, subject to the applicable FDI policy and sector-specific conditions.

2. Is an Indian shareholder mandatory?

No. Indian law does not generally require an Indian shareholder merely because the company has foreign ownership. The shareholding structure should, however, comply with the applicable FDI policy.

3. Can Taiwanese nationals become directors of an Indian company?

Yes. Foreign nationals may be appointed as directors, subject to the Companies Act, 2013, MCA requirements and other applicable laws. Every company must also comply with the resident director requirement.

4. What is the most suitable business structure for Taiwanese companies?

For most long-term commercial operations, a Wholly Owned Subsidiary is generally the preferred structure. However, the appropriate structure depends on the proposed business activities, ownership preferences and regulatory requirements.

5. How long does it take to register a company in India?

The timeline depends on documentation, regulatory approvals and banking procedures. In many cases, incorporation can be completed within a few weeks, subject to the facts of each case.

6. Is prior Government approval required for every investment?

No. Many sectors permit foreign investment under the Automatic Route. However, certain sectors and investment structures may require prior Government approval.

7. Can profits be repatriated to Taiwan?

Yes. Subject to applicable tax laws, FEMA regulations and other legal requirements, profits may generally be repatriated through legally permissible mechanisms.

8. Is GST registration compulsory?

GST registration depends on the nature of the business activities, turnover and other statutory requirements.

9. What documents are generally required for company incorporation?

The required documents depend on whether the shareholder is an individual or a corporate entity. Generally, passport, address proof, incorporation documents, board resolutions and other supporting documents are required.

10. Can a Taiwanese company open a bank account in India?

Yes. Once the Indian entity is incorporated and the applicable documentation and KYC requirements are completed, a bank account can be opened with an authorised bank.

11. Does India have a tax agreement with Taiwan?

Yes. India and Taipei have an arrangement for the avoidance of double taxation. The applicability of treaty benefits depends on the facts of each case and fulfilment of the prescribed conditions.

12. What are the major compliances after incorporation?

Common post-incorporation compliances include FEMA reporting, ROC filings, GST compliance, income-tax compliance, accounting, payroll and annual statutory filings.

13. Can EzyBiz assist after the company is incorporated?

Yes. We provide ongoing support including accounting, payroll, GST, income-tax, FEMA, ROC compliance and strategic business advisory services.

14. How do I choose the right business structure?

The choice depends on your proposed business activities, investment objectives, ownership preferences, regulatory requirements and long-term commercial plans. A professional review at the planning stage helps identify the most suitable structure.

15. How can I get started?

Simply contact our India Entry specialists for an initial consultation. We will review your business objectives, evaluate the regulatory framework and recommend the most appropriate strategy for establishing and growing your business in India.

Still have questions about expanding your business into India? Contact our India Entry specialists for personalised guidance tailored to your business objectives and country of origin.

👉 Schedule a Consultation

👉 Request a Proposal

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Prepared by EzyBiz India Consulting LLP

EzyBiz India Consulting LLP is a multidisciplinary advisory firm specializing in India Market Entry, Corporate Finance, Tax & Regulatory Advisory and Business Support Services for foreign companies and growing businesses.
Last Updated: June 2026

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