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Q. Transfer pricing - XYZ LLC is US based LLC . Mr. A is founder of it . Mr. A is NRI , person of Indian origin .
At present XYZ LLC is entering into contracts with Software engineers in India for performing software development in India on its behalf for its foreign clients . Liability to bear Indian taxes is on Engineers .
Entire risk relating to software development is handled by XYZ LLC and all clients are foreign clients.
Now they have established private limited company named “ XYZ India Private Limited “ with motto of instead of entering into contract agreement with engineers , keeping them on payroll of XYZ India Private limited “. i.e. outsourcing to Indian company .
Shareholding pattern of XYZ India Private Limited .
Mr. A – 99% in Indian currency – NRI , person of Indian origin
Mr. B- 1% Indian resident .
MR. A & Mr. B are directors.
Nature of transaction:-
XYZ India private limited will raise invoice on XYZ LLC covering reimbursement of expenses like Salary of engineers, rent , and other business related expenses plus some mark up.
Want to know :-
1. Treatment for above transaction under Service Tax – Would it be treated as export and no service tax ?
2. Are XYZ LLC and XYZ India Private Limited associated enterprises ? What would be its effect on service tax liability?
3. Would it be covered under Transfer Pricing ? and How much mark would be sufficient ? what documents would be required ?
4. Cost benefit analysis - Service tax and Income tax point of view . How can the above mentioned transaction entered to minimize taxes ?
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