India

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Business Environment

Business Practices

General information: Official web site of India
BuyUSA Information Guide
The Executive Planet
Doing Business
Opening hours and days: Shops are closed on Sunday. Governement office are closed on Saturday and Sunday. Banks close in the afternoon (from 14 in the week, from 12 on Saturday).

Public holidays

New Year's Day	1st January
Idu'z Zuha / Bakrid (Muslim festival)	Dec/Jan, changes according to the year.
Republic Day	26th January
Mahashivratri (Hindu festival)	Feb/March, changes according to the year.
Mahavir Jayanthi (Hindu festival)	Feb/March, changes according to the year.
Holi (Festival of Colors) and Phagwah Hindu Festival	March, changes according to the year.
Milad-Un-Nabi (Birth of the Prophet Mohammed)	April/May, changes according to the year.
Good Friday	April, changes according to the year.
Buddha Purnima (Hindu festival)	May, changes according to the year.
Independence Day	15th August
Janmashtami (Birthday of Lord Krishna of Hindus)	Sep, changes according to the year.
Mahatma Gandhi's Birthday	2nd October
Id ul Fitr (End of Ramadan)	Oct, changes according to the year
Dussehra (Vijaya Dashami, a Hindu Festival)	Oct, changes according to the year
Deepavali or Diwali (Festival of Lights, a Hindu Festival)	Nov, changes according to the year
Guru Nanak's Birthday (A Sikh festival)	Nov, changes according to the year
Christmas Day	25th Dec
Note: Only the secular holidays of Republic Day, Independence Day and Mahatma Gandhi's Birthday are universally observed. Other public holidays in India tend to be observed on a strictly regional basis.

Periods when companies usually close

Deepavali	2-3 days, Deepavali generally falls in the month of November
New Year	1-2 days on 31st Dec and 1st Jan

Accounting Rules

Tax year: The fiscal year begins on 1st of April and ends on the 31st of March of the next year.
Accounting standards: Indian Accounting Standards (IAS) is based on the statements issued by the Institute Of Chartered Accountants of India (ICAI).
Accounting regulation bodies: Institute of Chartered Accounts of India
Accounting reports: 'Balance Sheet' and 'Profit & Loss' report.
Publication requirements: The "balance sheet" and profit and loss account' need to be published every fiscal year.
Professional accountancy bodies: ICAI
Certification and auditing: The Institute of Cost and Works Accountants of India (ICWAI)
Accounting news: Accounting sites in India
India accounting news on http://www.einnews.com

Tax Rates

Consumption taxes

Nature of the tax: Value Added Tax (VAT) and Sale taxes, depending on the country. For more details, click here.
Tax rate: 12.5%
Reduced tax rate: The lower rates are 4% (agriculture and industrial inputs) and 1% (gold and silver ornaments).
Other consumption taxes: Service Tax (12%) applies to more than 100 services. For details visit the web site: Service Tax

Excise Duty: 8% (on drugs, pharmaceuticals, cans, paper, Water filtration and purification devices, etc), 12% (small cars, packaged software), 14% (cement) and 24%.
For further information consult the Central Board of excise and Customs.

Corporate taxes

Company tax: 30%
Tax rate for foreign companies: Resident companies are subject to tax on gross worldwide income while non-resident companies are taxed only on Indian-source income.
Capital gains taxation: Long-term capital gains: 20% flat with indexation or 10% flat without indexation.
Short-term capital gains: 10%.
Gains from the sale of long-term capital assets are exempt from capital gains tax if they are reinvested in certain securities within six months and locked in for three years.
Main allowable deductions and tax credit: Specific deductions are allowed:

- A 100% deduction for interest payments on borrowed capital,
- Capital expenditure on research conducted in-house and for payments made for scientific research to specified organizations,
- Interest, royalties and fees paid outside of India to overseas affiliates or in India to a non-resident provided tax as required is withheld,
- Payments to employees under voluntary retirement schemes may be deducted over five years,
- Business losses (conditions apply).
Indian tax law does not permit companies to take a deduction for a general bad-debt reserve, although specific bad debts may be deducted when written off.
Other corporate taxes: 1. A minimum alternative tax (MAT) is also imposed on corporations. If a company's tax liability is less than 10% of book profits, the book profits are deemed to be total income and are charged to tax at 10%, plus the applicable surcharge and cess.
2. A fringe benefits tax' of 30% is imposed on the value of fringe benefits that companies provide or are deemed to provide to their employees.

Individual taxes

Tax rate

Taxation Income (INR)	Tax Rate (%)
Less than 110,00	0%
110,001 – 150,000	10%
150,001 – 250,000	INR 4,000 plus 20% of the amount exceeding INR 150,000
250,001 and above	INR 24,000 plus 30% of the amount exceeding INR 250,000

Allowable deductions and tax credit: Deductions are allowed for contributions to life insurance, recognized provident funds, national savings certificates, the national savings scheme, income from certain mutual funds and dividends, and some educational expenses up to an overall ceiling of INR 100,000.
Special expatriate tax regime: There are no special exemptions or deductions available to foreign nationals working in India, except for local living allowances, which are exempt to the extent expense is actually incurred.

Double taxation treaties

Countries with whom a double taxation treaty have been signed: The Withholding Tax rates are different for different countries (country specific).
Whithholding taxes: Dividends: 0%, Interest: 0/20/20%, Royalties:10/20%

Sources of fiscal information

Tax Authorities: Income Tax Department
Other domestic resources: Central Board of Excise and Customs
Income Tax Act 1961
Department of Commerce
Service Tax
Central Board of Direct Taxes

Intellectual Property

National organizations: Controller-General of Patents, Designs and Trademarks
Copyright Office
Protection of Plant Varieties and Farmers' Rights Authority
Department of Information Technology
National Intellectual Property Organization (NIPO)
Regional organizations: None
International membership: Member of the WIPO
Signatory to the Paris Convention for the Protection of Intellectual Property
Membership to the TRIPS agreement - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

National regulation and international agreements

Type of property and law	Validity	International agreements signed
Patent Patents Act, 1970	20 years	Patent Cooperation Treaty (PCT) Strasbourg agreement concerning the International Patent Classification
Trademark Trade Marks Act, 1999	10 years, renewable every 10 years with a grace period of 6 months for renewal.	Trademark law treaty Nice agreement Protocol relating to the Madrid Agreement
Design Designs Act, 2000	10 years, renewable for another 5 years.
Copyright Copyright Act, 1957	60 years, varies for different works.	Berne convention Convention for the Protection of Producers of Phonograms against unauthorized duplication of their phonograms Rome convention for the protection of performers, producers of phonograms and Broadcasting organizations WIPO copyright treaty WIPO performances and Phonograms treaty
Industrial Models Semi-Conductor Integrated Circuits Layout-Design Act,2000	10 years, non-renewable.

Legal Framework

Independence of justice: Judiciary is largely independent in India. But, the courts are severely backlogged and understaffed which results in the detention of a large number of persons who are awaiting trial. India accepts compulsory ICJ jurisdiction, with reservations.
Equal treatment of nationals and foreigners: Though India is ruled by law and in the texts justice ensures non-discriminatory treatment of all cases. However in practice, fair trial to foreign nationals from the country's judicial system cannot be always guaranteed.
The language of justice: Hindi.
Recourse to an interpreter: Interpreters in other foreign languages are easily available.
Sources of the law and legal similarities: The Constitution of India – 1950

The country also has separate personal law codes for Muslims, Christians, and Hindus.
Checking national laws online: Legislation India
Laws for India
India Laws

Standards

National standards organizations: Bureau of Indian Standards(BIS) - Earlier called as Indian Standards Institute (ISI)
Integration in the international standards network: The BIS is a founder member of the International Standard organization (ISO) and of the International Electrotechnical Commission (IEC)

For more details consult www.bis.org.in.
Classification of standards: The symbol of the standard is ISI. Every ISI mark has a fixed format that carries the Indian Standard number on top of the mark based on the type of product.
Online consultation of standards: Bureau of Indian Standards (BIS)
Certification organizations: Quality Council of India

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