1. Captures relevant implications under the following Indian tax and corporate laws:
- Income-tax Act, 1961.
- Goods & Service Tax statutory regime.
- Foreign Exchange Management Act, 1999 and relevant regulations thereunder.
- Companies Act, 2013.
- Limited Liability Partnership Act, 2008.
- Various labour laws.
2. Includes the following:
- Incentives under ‘Startup India Initiative’ and requirements for government recognition.
- Issuance of sweat equity shares and structuring of ESOPs.
- Tax and regulatory nuances of angel, VC, PE investment with succinct summary of GAAR, MLI and indirect transfer tax provisions.
- Key clauses that come up for negotiation in early-stage fund raising agreements.
- At a glance comparison of jurisdictions commonly used for investments into India by PEs.
- FEMA provisions for outbound investment and PoEM tax provisions impacting use of SPVs.
- Income tax and GST aspects of sales and procurements from domestic & foreign vendors.
- Compliance checklist covering income tax, GST, corporate law, FEMA and labour laws.
- Key tax issues in M&A transactions with comparative overview of alternative consolidation modes.
- Divestment related tax issues e.g. in relation to buybacks, non-compete fee and deferred /contingent consideration.
- Overseas investment under RBI’s Liberalised Remittance Scheme and some pertinent FAQs.
- Use of private trust structures by promoters for wealth and asset management.