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Scope of Work

We have structured scope of work into 3 broad categories of services depending upon the nature of

  • Contract review
  • Initial registration and documentation
  • Ongoing services
Each of the above categories of services is discussed in detail in the following sections.
 
Contract Review
The key aspect in relation to the contract review is to maximize efficiencies from tax and regulatory Perspective. In reviewing contracts, the following items assume significance.
  • Applicability of presumptive basis of taxation
  • Availability of Custom duty exemption on import of equipments
  • Applicability of Service tax
  • Applicability of VAT
  • Taxability of reimbursement of expenses
We advice client in reviewing the draft contract on the workings of the tax clause as well as the tax assumptions and implications and tax planning options, if any.
Initial Registration and Documentation
Intimating the Reserve Bank of India (‘RBI’) and the registration under the Companies Act one establishment of the Project Office (‘ PO’)
  • Preparing and filing a report with the Regional Office of the RBI under whose jurisdiction the PO is established.
  • Preparing and filing of an application with the Registrar of Companies (‘ROC’) intimating them of the establishment of a place of business by client in India. Obtaining the necessary registration for the PO under the Companies Act, 1956.
Registration under the Income Tax Act, 1961 (‘IT Act’) – Corporate
  • Preparing and filing an application for a Permanent Account Number (‘PAN’) and Tax deduction Account Number (‘TAN’) with the Indian Revenue authorities to obtain the necessary registrations for the PO.
Registration under the IT Act– Expatriates
  • Preparing and filing an application for PAN of the expatriates/deputed personnel with the Indian Revenue authorities to obtain the necessary registration for the expatriates.

Service tax

  • In case services rendered by client are determined to be liable to service tax and the client is required to file service returns; we shall assist client in obtaining the service tax registration.
  • Advice client on maintenance of documents, registers and accounts as required for purpose of service tax compliance.
  • Advice client of the manner of raising invoices and other service tax related documents as may be prescribed from time to time.
State Value Added Tax (‘VAT’)
  • In case works rendered by client are determined to be liable to VAT and client is required to file VAT return, we shall assist client in obtaining VAT registration.
  • Advice client on maintenance of documents, registers and accounts as required for purpose of VAT compliance.
  • Advice client of the manner of raising invoices and other VAT related documents as may be prescribed from time to time.
Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, in case proposed set up is in Mumbai, otherwise, relevant State laws would be taken up.
  • Preparing and filing an application with the regulatory authorities under the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 to obtain the necessary registration for the PO.
Bombay Shops and Establishments Act, 1948, in case proposed set up is in Mumbai, otherwise, relevant State laws would be taken up.
  • Preparing and filing of an application with the regulatory authorities under the Bombay Shops and Establishments Act, 1948 to obtain the necessary registration for the PO.
Immigration Service
  • Assist in applying for and obtaining the registration/extensions for the expatriate employees and their accompanying family member(s) with the Immigration authorities i.e. the Foreigners Regional Registration Office (‘FRRO’).
Importer Exporter Code (‘IEC code’)
  • Preparing and filing an application with the relevant authority to obtain the IEC code, to enable client to import necessary vessel/equipment into India.
Services on an ongoing Basis
Assistance in connection with the preparation of corporate income tax return
  • Analyzing the revenue streams of client under the various contracts entered by client.
  • Ascertaining the taxability of the revenues based on the prevailing tax positions and judicial interpretations and precedents.
  • Determining in discussion with client, the stands to be adopted on the taxability of the various revenue streams.
  • Highlighting the potential tax exposure that represents risk areas based on the stands adopted in the return of income.
  • Preparing and filing of the Indian corporate income tax return based on information compiled and provided by client.

Expatriate tax filing

  • Compilation of necessary information and documents for preparing an estimate of annual tax liability and answering queries relating to issues regarding taxability and procedures.
  • Assistance in preparation of the relevant Form 16s and Form 12BA (tax withholding certificate for salaries).
  • Preparation and filing of expatriates income tax returns.
Fringe Benefit Tax (‘FBT’) - Employee Compensation Review
  • Provide a brief overview of the taxation of Fringe Benefits and the consequential effect on employee taxation.
  • Provide our comments on specific aspects of implementation support to the company to effectively tackle FBT.
FBT - Quarterly advance tax compliance
  • Review of the expenditure allocation to various accounting heads for the purpose of FBT payment.
  • Assisting the company in estimating and remitting the quarterly FBT liability within the specified due dates.
Annual FBT compliances
  • Assisting in preparation/review of the employer’s FBT return and filing the same within the specified due date.
Withholding tax matters – For contractual and other payments
  • Advice on domestic tax withholding requirements in respect of payments by the client e.g. salaries, contractual payments, interest, rent, professional/technical fees, etc., as may be requested by the client.
  • Assist in preparation of withholding tax certificates in respect of which the taxes have been withheld and deposited by the client in the Government treasury.
  • Assistance in preparation of the quarterly statements and annual withholding tax returns in prescribed forms based on information provided by the client.
  • Finalization of the quarterly statements and annual withholding tax returns and filing the same with the Revenue authorities.
  • Review and filing of annual returns of tax withholding from various payments, prepared by the client.
Companies Act, 1956
  • Assistance in filing the annual audited accounts with the ROC.
  • Monitoring compliances and deadlines applicable to the PO under the Companies Act, 1956.
Assistance in connection with the preparation of service tax return
  • Review of the service tax liability computation provided by the client on a monthly basis.
  • Preparation of half-yearly service tax returns from the documents and information maintained and provided by the client (along with the declaration at the time of filing first half yearly return).
Assistance in connection with the preparation of VAT return
  • Review of the VAT liability computation provided by the client on a monthly basis.
  • Preparation of monthly VAT returns from the documents and information maintained and provided by the client.

Foreign Exchange Management Act, 1999

  • Advice on the applicability and impact, if any, of specific exchange control regulations to the client’s transactions.
  • Assisting in filing of the annual compliance certificate with the Authorised Dealer for the PO.
On Call services

We shall be pleased to provide ‘on-call’ advisory services to the client as and when required.

Our services in this regard shall cover the following areas:

  • Direct tax including corporate and personal tax laws;
  • Corporate law;
  • Indirect tax laws; and
  • Exchange control regulations.
‘On-call’ advisory services would include the following:
  • In case of relatively routine queries made by the client, immediate preliminary feedback to be confirmed later in writing; and
  • In case of complicated queries, high level consulting and special assignments requiring additional research at our end, a written reply within an agreed time frame.
Fees Structure

We believe that client’s foremost objectives would be quality and timely execution of assignments on a pro-active basis. It will be our endeavor to ensure that client receives highest quality of service.

Our fees are based on the level of effort of our people and skills and experience of the personnel assigned to the work. For fixed, close-ended assignments with a client, where we can estimate the level of time and effort involved, we normally enter into a fixed fee arrangement with the client. Accordingly, we provide our indicative fee estimate as under :

The individual hourly charge out rates of resources identified is provided below

Engagement Level

Rate per hour (In USD)

Partner 125
Manager 40
Executive 20
 

The above fees do not include out-of-pocket expenses (e.g. communication costs, travel costs, etc), which would be billed to you extra at actual. Appropriate service tax, as applicable, will be charged in addition to the above fee. This fees structure is valid upto March 31, 2008.

Contacts

We would be delighted to get an opportunity to assist you. Our scope of work, we believe, will be commensurate with your client’s expectation of fulfilling it’s requirements with respect to direct and indirect tax laws in an effective and in a timely manner and other matters as detailed in scope of work.

If you have any questions, please do not hesitate to contact Miss Neha Pandeya at +91 033 6451 8729 or + 91 033 2534 2717

We very much appreciate this opportunity to be of service to you and assure you that this assignment will be given our closest attention.

If you have any questions, relating to the training programme, please do not hesitate to contact Miss Neha Pandeya at +91 033 6451 8729 or + 91 033 2524 2717. We always appreciate opportunity give best of our service with our closest attention.

 
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