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Branch and Laison Office
Liaison Office (LO) - "The Representative"
An LO is essentially a representative office. It cannot conduct any commercial or business activity and cannot earn any revenue in India.
- Permitted Activities: Market research, promoting products of the parent company, and acting as a communication channel between the Indian market and the foreign head office.
- Funding: 100% of expenses must be met by inward remittances from the foreign parent company.
Advantages
- Low Complexity: Easiest way to "test the waters" and build brand visibility.
- No Tax Liability: Since it earns no income, it generally doesn't pay Indian income tax (though it must file information returns).
Disadvantages
- No Revenue: You cannot sign contracts, invoice customers, or collect money.
- Cost Center: It remains a purely expensive "expense" for the parent company.
Branch Office (BO) - "The Operational Arm"
A BO is an extension of the foreign company that can engage in commercial activities, though it is restricted from manufacturing (it can only subcontract manufacturing to Indian firms).
- Permitted Activities: Export/Import of goods, consultancy services, R&D, and promoting technical/financial collaborations.
- Funding: Can be self-sustaining through revenue generated in India.
Advantages
- Revenue Generating: Unlike an LO, it can bill customers and sign commercial contracts.
- Ease of Repatriation: Profits can be sent back to the parent company after paying local taxes.
Disadvantages
- High Tax Rate: Branch offices are often taxed as "foreign companies," meaning a base tax rate of 40% (plus surcharges), which is much higher than the ~25% paid by an Indian Subsidiary.
- Unlimited Liability: Since it is not a separate legal entity, any legal or financial liability in India falls directly on the foreign parent company.
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