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August 11, 2025
August 11, 2025

DTAA -Double Taxation Avoidance Agreement

Author By Prashant Ajmera Categories Branch Office, Business Expansion, Business Visa, Company Incorporation, Company REgistration, Foreign Office, Subsidary

Tax Implications: DTAA (Double Taxation Avoidance Agreement) Benefits 

Tax planning is a critical element of any international expansion strategy. For Indian businesses venturing abroad, navigating complex tax laws in multiple jurisdictions can be challenging. The Double Taxation Avoidance Agreement (DTAA) serves as a powerful mechanism to ease this burden, helping Indian enterprises stay compliant while optimizing tax efficiencies in global markets. This module unpacks the essential tax implications and DTAA benefits that Indian businesses should leverage as they scale beyond borders.

1. Understanding Double Taxation and DTAA

Double Taxation occurs when income is taxed both in the country where it is earned (source country) and the country of residence. This is a frequent scenario for Indian businesses with foreign subsidiaries or overseas operations.

DTAA Fundamentals:

  • DTAA is a bilateral agreement between two countries to prevent double taxation on the same income.

  • These agreements foster cross-border trade and investment by avoiding tax duplication and reducing uncertainties.

  • India has signed DTAAs with over 90 countries including the US, UK, UAE, Singapore, and Australia.

2. Key Features of DTAA

  • Relief Mechanisms:

    • Exemption Method: Income already taxed in the source country is exempt from tax in the residence country.

    • Credit Method: Taxes paid abroad are credited against the domestic tax liability.

  • Withholding Tax Rates:

    • DTAA often prescribes reduced rates on dividends, interest, royalties, and technical fees.

    • Example: The India–US DTAA limits the withholding tax on dividends to 15%.

  • Permanent Establishment (PE):

    • Defines the threshold of “taxable presence” a foreign company must have in a country.

    • Indian companies must assess PE status to avoid unexpected tax exposures.

  • Non-Discrimination Clause:

    • Ensures foreign entities are not subject to more burdensome taxation compared to local enterprises.

3. DTAA Benefits for Indian Businesses

  • Reduced Tax Burden: Prevents double taxation, lowering the overall effective tax liability.

  • Enhanced Competitiveness: Lower tax outflows help Indian companies price their products and services more competitively overseas.

  • Improved Cash Flow: Reduced withholding taxes and credits for taxes paid enhance liquidity for international operations.

  • Compliance Simplification: Clear treaty guidelines ease compliance and minimize disputes.

4. Jurisdiction-Specific DTAA Benefits

Country Notable DTAA Benefits for Indian Businesses
United States Dividends taxed at 15%, credits for US tax paid, and lower rates on royalties/fees.
United Kingdom Exemptions for subsidiary profits, reduced 10% withholding tax on interest/royalties.
UAE Full income tax exemption in the UAE, avoidance of double tax for funds remitted to India.
Singapore Dividend income is tax-free in India, 10% withholding tax on interest/royalties, and no capital gains tax offers strategic opportunities for Indian investors.

5. Regulatory Considerations in India

  • Foreign Exchange Management Act (FEMA): Oversees cross-border income repatriation and ensures compliance with tax provisions.

  • Income Tax Act, 1961:

    • Section 90: Allows Indian taxpayers to utilize DTAA benefits.

    • Form 10F: Mandatory for claiming certain treaty reliefs.

  • Advance Pricing Agreements (APAs): Pre-approved transfer pricing methodologies minimize disputes and ensure certainty.

6. Challenges and Mitigation Strategies

  • Complex DTAA Provisions Across Jurisdictions: Engage international tax experts for tailored advice.

  • Transfer Pricing Compliance: Maintain clear records and consider APAs to align with both Indian and foreign regulations.

  • Understanding Withholding Tax Rules: Seek in-depth tax advisory and keep track of changes in DTAA terms.

7. Practical Steps for Indian Businesses

  • Identify Relevant DTAAs: Verify if a DTAA exists with the target country.

  • Study Treaty Provisions: Understand applicable rates, exemptions, credits, and obligations.

  • File Documentation: Secure a Tax Residency Certificate (TRC) and complete Form 10F.

  • Professional Consultation: Collaborate with tax consultants to structure transactions optimally under DTAA.

Conclusion

DTAAs are indispensable for Indian businesses eyeing international growth. They offer much-needed relief from double taxation, improve cash flows, and enhance operational efficiency in multiple markets. By mastering DTAA provisions and adhering to compliance requirements, Indian companies can focus on building thriving, sustainable international businesses. This module provides actionable guidance to empower participants in optimizing their tax strategies abroad.

FOR BLOG- The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

 

August 4, 2025
August 4, 2025

Legal Structures in Foreign Markets

Author By Prashant Ajmera Categories Branch Office, Business Expansion, Business Visa, Company Incorporation, Company REgistration, Foreign Office, Office Abroad, Subsidary, Wholly Owned Subsidary

Legal Structures in Foreign Markets: A Guide for Indian Businesses – 5

Expanding internationally marks a significant step for Indian businesses aiming for global growth. A fundamental aspect of this journey is understanding the legal structures available in foreign markets. Each country offers distinct corporate frameworks that shape liability, taxation, compliance, and the operational environment. This post explores how Indian corporate entities can align seamlessly with these structures, ensuring smooth market entry and sustainable overseas operations.

Popular Legal Structures in Key Foreign Markets

  • Limited Liability Company (LLC)
    • Widely favored by small to medium-sized enterprises.
    • Offers limited liability and flexible taxation (notably in the US).
    • Typically straightforward to establish and manage.
  • C Corporation (C Corp)
    • Suited for large enterprises or those pursuing capital through equity.
    • Functions as a separate legal entity, shielding owners/shareholders from personal liability.
    • Profits are generally subject to corporate taxes and, in some regions, dividend taxation.
  • Limited Liability Partnership (LLP)
    • Merges the benefits of limited liability with partnership agility.
    • Common choice for professional and consulting firms (e.g., UK LLPs).
  • Branch or Representative Office
    • Functions as an extension rather than an independent entity.
    • Activities are typically limited to marketing or representation, varying by host country.

Aligning Indian Entities with Global Legal Structures

  • Indian Private Limited Companies
    • Often map to LLCs or similar private company formats abroad, given structural resemblances.
  • Indian Public Limited Companies
    • Best aligned with C Corps in markets enabling public equity fundraising.
  • Indian Partnership Firms
    • Align naturally with foreign LLPs where regulatory frameworks permit professional limited liability partnerships.

Regulatory and Compliance Considerations

United States

  • LLC: Flexible, pass-through taxation (profits taxed as personal income).
  • C Corp: Corporate taxation; essential for IPOs and large-scale operations.
  • Registration: Choose business-friendly states (e.g., Delaware) for greater regulatory efficiency.

United Kingdom

  • Private Limited Company (Ltd): Straightforward setup, limited liability.
  • LLP: Preferred for professional services.
  • Registration: Requires local directors and compliance with the Companies Act, 2006.

United Arab Emirates

  • Free Zone Company: 100% foreign ownership; zero corporate tax within free zones.
  • Mainland LLC: Needs a local sponsor with at least 51% ownership; broader operational leeway.
  • Strategy: Indian firms often favor free zones for tax advantages and simplified administration.

Singapore

  • Private Limited Company: 100% foreign ownership permitted; startup tax exemptions available.
  • Compliance: Registration under Singapore’s Companies Act with a local director requirement.

Key Indian Legal Provisions Affecting Overseas Expansion

  • Foreign Exchange Management Act (FEMA):
    • Controls outbound investments and ensures adherence to Overseas Direct Investment (ODI) rules.
    • Guarantees that Indian regulations are not violated in overseas ventures.
  • Companies Act, 2013:
    • Section 379 mandates compliance standards for Indian companies with foreign operations.
    • Emphasizes financial and governance transparency.
  • Double Tax Avoidance Agreements (DTAAs):
    • Secure protection against double taxation (e.g., India-US DTAA).
    • Critical for optimizing cross-border tax planning.

Challenges and Mitigation Tactics

  • Complex Registration Processes
    • Solution: Collaborate with local legal experts to navigate regulatory landscapes.
  • Varied Corporate Tax Structures
    • Solution: Leverage India’s DTAAs for efficient tax management.
  • Cultural/Operational Barriers
    • Solution: Undertake market entry studies and partner with local entities for smoother adaptation.

Practical Steps for Alignment

  1. Market Research: Choose the best structure based on business strategy and local practices.
  2. Legal Consultation: Work with advisors familiar with cross-border regulations.
  3. Regulatory Compliance: Fulfill all local requirements—filings, permits, registrations.
  4. Operational Setup: Implement robust governance to ensure cohesion with your Indian parent entity.

Final Thoughts

Selecting the right legal structure holds the key to a successful and compliant global expansion. Aligning your Indian business with host country frameworks enhances efficiency, minimizes risks, and positions you for long-term international success. Use this guide as a roadmap for overcoming complexities and building a resilient overseas presence.

FOR BLOG- The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

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July 7, 2025
July 7, 2025

Beyond Borders: Establishing Indian Businesses Abroad-1

Author By Prashant Ajmera Categories Branch Office, Business Expansion, Business Visa, Canada Business Immigration, Company Incorporation, Company REgistration, Foreign Office, Global Investing How & why?, RBI on FEMA , LRS and ODI

Beyond Borders: Establishing Indian Businesses Abroad – #1

Expanding a business globally is more than just ambition—it requires a strategic approach backed by thorough research. For Indian entrepreneurs, entering international markets involves navigating diverse cultures, legal frameworks, consumer behaviors, and economic conditions.

This journey begins with research, the cornerstone of global expansion. It helps businesses understand market demands, identify competitors, and evaluate risks and opportunities. By investing in research, Indian entrepreneurs equip themselves with the tools to adapt, innovate, and thrive in the global arena.

Why Research is Critical for Global Expansion

Research enables informed decision-making, minimizes costly errors, and ensures compliance with local regulations. In a world driven by knowledge, it is an essential investment for success. Whether exporting, establishing a branch office, or setting up a wholly-owned subsidiary, Indian businesses can benefit from a wide array of tools, websites, and government portals tailored to their needs.

Government Portals for Market Insights

  1. Ministry of Commerce and Industry: https://www.commerce.gov.in
  2. Export Promotion Council of India (EPCH): https://www.commerce.gov.in/useful-links/export-promotion-councils/
    • Facilitates and promotes exports of Indian products.
    • Provides market insights, trade fairs, and buyer-seller meets.
  3. Directorate General of Foreign Trade (DGFT): https://www.dgft.gov.in
    • Offers trade statistics, export-import policies, and regulations.
    • Access to FTP schemes like MEIS and SEIS for export incentives.
  4. India Trade Portal: https://www.indiantradeportal.in
    • Comprehensive database of market access information, tariffs, and trade barriers.
  5. Make in India: https://www.makeinindia.com
    • Provides insights into investment opportunities and export promotion policies.
  6. Invest India: https://www.investindia.gov.in
    • Offers consultancy for businesses seeking international expansion.
    • Provides information on FDI policies, overseas opportunities, and global trade shows.
  7. FIEO (Federation of Indian Export Organizations): https://www.fieo.org
    • Guidance on export documentation and procedures.
    • Access to global tenders and business opportunities.
  8. RBI Foreign Investment Reporting: https://fir.rbi.org.in
    • Mandatory portal for overseas direct investment (ODI) compliance.
  9. Startup India: https://www.startupindia.gov.in
    • Resources and support for startups looking to expand globally.

Market Research Tools and Websites

  1. Trade Map: https://www.trademap.org
    • Analyzes international trade flows and identifies export opportunities.
    • Country-specific data on imports, exports, and tariffs.
  2. World Bank Doing Business Report: https://www.doingbusiness.org
    • Provides ease-of-doing-business rankings and insights into regulations in different countries.
  3. ITC Market Access Map: https://www.macmap.org
    • Offers tariff rates, trade agreements, and non-tariff measures by country.
  4. WTO Tariff Database: https://www.wto.org
    • Access global tariff schedules and trade agreements affecting Indian exports.
  5. Exim Bank of India: https://www.eximbankindia.in
    • Provides financing options, research, and market reports for Indian exporters.
  6. Euromonitor International: https://www.euromonitor.com
    • Offers in-depth industry and market research reports.
  7. Statista: https://www.statista.com
    • Global statistics on industries, markets, and consumer behaviors.

Trade Associations and Chambers of Commerce

  1. Confederation of Indian Industry (CII): https://www.cii.in
    • Organizes trade delegations and events to connect Indian businesses with global markets.
  2. Indo-Global Chambers of Commerce: https://www.indoglobalchamber.org
    • Provides networking opportunities and market insights for Indian businesses expanding abroad.
  3. GlobalLinker: https://www.globallinker.com
    • A platform for SMEs to connect with international business partners.

Global Directories and Databases

  1. Alibaba: https://www.alibaba.com
    • Useful for sourcing materials and identifying potential buyers in foreign markets.
  2. LinkedIn Sales Navigator: https://www.linkedin.com/sales
    • Helps in identifying decision-makers and potential business partners in target markets.
  3. Global Trade Directory: https://www.globaltradedirectory.com
    • A directory of service providers in foreign markets for exporters and businesses.

Logistics and Supply Chain Tools

  1. ICEGATE (Indian Customs Electronic Gateway): https://www.icegate.gov.in
    • Information on customs regulations, tariffs, and export-import documentation.
  2. UNCTAD e-Regulations: https://eregulations.org
    • Details on procedures for trade and investment in various countries.
  3. Freightos: https://www.freightos.com
    • A platform to compare shipping rates and streamline logistics.

Cultural and Regulatory Insights

  1. Hofstede Insights: https://www.hofstede-insights.com
    • Understand cultural dimensions for building international relationships.
  2. Global Edge: https://globaledge.msu.edu
    • Offers guides on market entry, regulations, and business practices in different countries.

Practical Steps Using These Tools

  1. Start with India Trade Portal and Trade Map for market research.
  2. Analyze tariff structures using ITC Market Access Map and WTO Tariff Database.
  3. Check ease-of-doing-business rankings through the World Bank Doing Business Report.
  4. Identify potential partners using LinkedIn Sales Navigator or Alibaba.
  5. Understand local regulations with the help of UNCTAD e-Regulations and Invest India.

These resources collectively provide a robust foundation for Indian businesses to research foreign markets and navigate the complexities of global expansion effectively. By leveraging these tools and strategies, you can take your business beyond borders and into the global arena.

June 23, 2025
June 23, 2025

World Bank Report – B-Ready 2024 – Global Business Report

Author By Prashant Ajmera Categories Branch Office, Business Expansion, Business Visa, Company Incorporation, Company REgistration, Foreign Office, Subsidary

WORD BANK REPORT:

B-READY 2024: A Comprehensive Framework for Assessing Global Business Readiness: B-READY 2024 isn’t just a report—it’s a blueprint for change.*

 

The World Bank’s Business Ready (B-READY) 2024 report introduces a revolutionary framework to evaluate and benchmark the business and investment climate across 50 economies. Replacing the former Doing Business rankings, B-READY aims to provide a transparent, comprehensive, and holistic analysis of factors influencing private sector development.

🔍 Key Features of the B-READY Report

1. Analytical Framework

The B-READY report is structured around three fundamental pillars:

  • Regulatory Framework: Evaluates the clarity, fairness, and sustainability of rules governing businesses throughout their lifecycle.
  • Public Services: Assesses government-provided infrastructure and services that support regulatory compliance, focusing on digitalization, interoperability, and transparency.
  • Operational Efficiency: Measures time and cost efficiency in processes like business registration and dispute resolution.

2. Ten Core Topics

The report examines ten critical topics aligned with various stages of a business lifecycle:

  • Business Entry
  • Business Location
  • Utility Services
  • Labor
  • Financial Services
  • International Trade
  • Taxation
  • Dispute Resolution
  • Market Competition
  • Business Insolvency

3. Cross-Cutting Themes

B-READY introduces three themes crucial for modern economies:

  • Digital Adoption: Evaluates the integration of digital technologies in business processes.
  • Environmental Sustainability: Assesses regulations supporting sustainable practices, such as green building standards.
  • Gender Inclusion: Measures support for women entrepreneurs and gender-sensitive policies.

4. Data Collection and Methodology

The report’s methodology includes firm-level surveys and expert questionnaires, ensuring a robust and comprehensive evaluation of each economy’s business environment.

🌍 Global Insights

The inaugural B-READY report reveals critical insights into global business readiness:

  • Public Services Gap: While two-thirds of economies have robust regulatory frameworks, only half provide effective public services, with low-income countries experiencing disproportionately larger gaps.
  • Success Stories: Economies like Rwanda excel in operational efficiency and public services, proving that even low-income countries can foster favorable business environments through strategic reforms.

Conclusion

The B-READY 2024 report sets a new standard for assessing the global business climate. By highlighting strengths, gaps, and areas for improvement, it offers a roadmap for governments and businesses to create environments conducive to sustainable growth and development.

*India will be included in the next phase of the report. 

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

June 16, 2025
June 16, 2025

Beyond Borders: How Indian Entrepreneurs Can Expand Abroad?

Author By Prashant Ajmera Categories Branch Office, Business Expansion, Business Visa, Company Incorporation, Company REgistration, Consult Immigration Lawyer, Foreign Office, Global Investing How & why?, Office Abroad, Subsidary, Wholly Owned Subsidary

Beyond Borders: How Indian Entrepreneurs Can Expand Abroad?

 

In an increasingly globalized economy, Indian entrepreneurs are exploring international markets to scale their businesses and tap into new opportunities. Setting up a branch office or a wholly-owned subsidiary abroad is a pivotal step in this journey. However, the process requires careful planning, legal compliance, and strategic decision-making.

This article outlines a comprehensive roadmap for Indian businesses aiming to establish a foothold in foreign markets, covering key aspects like market research, compliance, financial planning, and operational strategies.

1. Understanding Global Opportunities

The first step to international expansion is identifying the right market for your business. This involves evaluating economic, legal, and cultural factors that may impact your operations. Conduct detailed market research to assess demand, competition, and potential challenges in the target region.

2. Choosing the Right Structure

One critical decision is whether to set up a branch office or a wholly-owned subsidiary.

  • A branch office serves as an extension of the parent company, allowing for direct representation in a foreign market. 
  • A wholly-owned subsidiary operates as a separate legal entity, offering more control and flexibility but requiring additional compliance and setup costs.

Understanding the legal and corporate structures in your chosen country is essential for making this decision.

3. Navigating Compliance and Regulations

Every country has unique laws governing foreign investment and business operations. Entrepreneurs need to:

  • Familiarize themselves with licensing requirements, permits, and registrations.
  • Protect intellectual property rights to safeguard innovations and trademarks.
  • Understand online filing systems and regulatory timelines for smooth compliance.

Working with local experts or legal advisors can simplify this process.

4. Financial Management and Tax Implications

Expanding abroad involves significant financial planning. Considerations include:

  • Funding Options: Self-funding, foreign investment, or loans.
  • Banking: Opening local accounts for smooth transactions.
  • Taxation: Understanding double taxation agreements, if any, and structuring finances to optimize tax liabilities.

Currency exchange regulations and transfer pricing are other critical aspects to manage during this phase.

5. Operational Strategies for Success

Once the groundwork is in place, focus on operational strategies to ensure seamless integration into the new market:

  • Hiring Local Talent: Decide between recruiting local employees or relocating Indian staff.
  • Setting Up Infrastructure: Establish office spaces, logistics networks, and technology systems.
  • Localized Marketing: Adapt your marketing strategies to resonate with the cultural and consumer preferences of the target market.

6. Mitigating Risks and Overcoming Challenges

International expansion comes with its share of risks. Common challenges include cultural differences, political instability, and compliance complexities. Entrepreneurs should:

  • Conduct a risk assessment for political, economic, and operational factors.
  • Develop contingency plans to address potential disruptions.
  • Engage local consultants to navigate cultural nuances effectively.

7. Learning from Case Studies

Several Indian companies have successfully expanded abroad, offering valuable lessons for aspiring entrepreneurs. Case studies highlight both best practices and common pitfalls, emphasizing the importance of thorough planning and execution.

8. Crafting a Roadmap for Execution

A clear plan is crucial for successful expansion. Outline your objectives, define key milestones, and create a detailed timeline for implementation. A well-thought-out checklist can ensure all critical steps, from compliance to operations, are addressed systematically.

9. Empowering the Next Generation of Entrepreneurs

Global expansion is more than just a business decision—it’s a transformative journey that positions your enterprise for sustained growth. By equipping yourself with the right knowledge and resources, you can navigate the complexities of international markets with confidence.

Expanding your business abroad is not just about increasing revenue; it’s about building a legacy of innovation and adaptability. Embrace the challenge, and let your entrepreneurial vision transcend borders.

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

March 11, 2025
March 11, 2025

CYPRUS BUSINESS IMMIGRATION PROGRAM – LEADING TO CITIZENSHIP

Author By Prashant Ajmera Categories Business Visa, Citizenship, Cyprus Citizenship, Cyprus Residency Visa, Europe, Europe Golden Visa, Residency & Citizenship by Investment

CYPRUS BUSINESS IMMIGRATION PROGRAM – LEADING TO CYPRUS CITIZENSHIP IN 3-4 YEARS

Relocating to a European Union (EU) country while leveraging your business and investment acumen is a dream for many entrepreneurs and executives. The Cyprus Business Immigration Program offers a seamless pathway to achieving this goal by granting residency and work permits to eligible applicants, ultimately leading to Cypriot citizenship within 3-4 years.

What is the Cyprus Business Immigration Program?

The Cyprus Business Immigration Program is specifically designed to attract businesspeople and their families who are genuinely committed to relocating and contributing to the Cypriot economy. This program caters to individuals seeking to:

  • Establish or expand their business in Cyprus
  • Obtain a European Union passport
  • Enjoy the benefits of living and working in an EU country

This program is ideal for business owners, senior executives, middle management professionals, and investors.

Key Features of the Program

  • Temporary residency permits for applicants and their families
  • Permission to live and work in Cyprus
  • Renewable residency permits every two years (provided the business remains active)
  • Eligibility to apply for Cypriot citizenship after 3-4 years

Step-by-Step Process

The program is straightforward and involves the following steps:

  1. Establish a Cyprus Company

Applicants must set up a Cyprus-based company that will serve as the foundation for their residency application.

  1. Register the Company as a Foreign Interest Entity

Key requirements for registration include:

  • Foreign Shareholding: The company must have at least 51% foreign ownership.
  • Investment: A minimum of €200,000 must be allocated to the company. This amount is not required to be paid immediately. By registering the company with a share capital of €200,000, applicants have 1-1.5 years to fulfill this obligation.
  • Office Space: The company must maintain offices in Cyprus. Office space can be rented through local firms, including our own.
  1. Apply for Residency and Work Permits

Residency and work permits can be granted to shareholders and key personnel. Key requirements include:

  • Employees must earn a minimum salary of €2,500 per month.
  • Employer’s liability insurance and other supporting documents are necessary.
  1. Apply for Residency Permits for Family Members

Residency permits can also be extended to immediate family members, including spouses and children. Notably, the spouse of the applicant is allowed to work in Cyprus.

  1. Maintain Active Residency

Residency permits are renewable indefinitely as long as the company remains operational.

  1. Apply for Cypriot Citizenship

After residing in Cyprus for 3-4 years under the program, applicants become eligible to apply for Cypriot nationality, granting them all the privileges of EU citizenship.

Why Choose Cyprus?

Cyprus offers a wealth of advantages for individuals and families relocating under this program:

  • Strategic Location: Positioned at the crossroads of Europe, Asia, and Africa, Cyprus provides excellent access to global markets.
  • Favorable Tax System: Cyprus has one of the lowest corporate tax rates in the EU and offers numerous tax incentives.
  • High Quality of Life: Renowned for its safe environment, excellent healthcare, and vibrant culture, Cyprus is an ideal destination for families.
  • EU Benefits: As an EU citizen, you gain the right to live, work, and study anywhere in the European Union.

Ready to Begin Your Journey?

If you’re an active businessperson considering relocation, the Cyprus Business Immigration Program provides an exceptional opportunity to unlock European residency and citizenship. From establishing your company to navigating the application process, our experienced team of immigration lawyers in Cyprus is here to guide you every step of the way.

Contact Indian Immigration Lawyer Prashant Ajmera today to start your journey toward European residency and citizenship! Mo: +91 9974253030 | Email: info@ajmeralaw.com | www.ajmeralaw.com

September 23, 2024
September 23, 2024

What Questions to Ask When Making an EB-5 Investment for a USA Green Card?

Author By ajmeralawim Categories Business Visa, EB-5 US Investor Visa, EB5 Regional Center Investment Visa, EB5 Standalon Investment visa, Immigration Visa, USA

What Questions to Ask When Making an EB-5 Investment for a USA Green Card?

 

Investing in an EB-5 project is a significant decision for obtaining a U.S. green card.

As with any large investment, thorough research and due diligence are essential.

Here are some crucial questions investors should ask before committing to an EB-5 project:

  1. What is the name of your regional center, and do you own or rent it?

Understanding the ownership structure of the regional center is important. Some regional centers rent their license from others, which can complicate oversight. USCIS compliance  and accountability.

  1. Has this regional center complied with the new EB-5 rules?

In March 2022, new EB-5 regulations were introduced. It’s critical to confirm that the regional center complies with these updated rules.

  1. Has USCIS approved the regional center’s compliance with the new rules?

Ask if the regional center has been officially approved by USCIS under the new regulations. This ensures their legitimacy and adherence to updated requirements.

  1.  Has USCIS approval for the project been received?

If not, inquire when the project petition was filed and when it will be approved. A project without USCIS approval may pose higher risks and EB5 petition cannot be submitted.

  1. How many projects has the regional center completed, and what is the success rate of each project?

Reviewing the regional center’s past performance can give insight into their success rate, both in terms of financial returns and the issuance of green cards to investors.

  1. Who are the project promoters, and what is their background and experience in the EB-5 industry?

Understanding the background, experience, and track record of the project promoters is critical. It’s essential that they have a solid understanding of EB-5 rules and regulations, as well as a history of managing successful projects.

  1. What is the percentage breakdown between bank loans, promoter equity, and EB-5 funds?

A sound financial structure is key to reducing risk. Clarifying how much of the project is funded by bank loans, the promoter’s own equity, and EB-5 investor funds will give a clearer picture of the project’s stability.

  1. How many jobs will be created per investor?

Each EB-5 investor must create at least 10 jobs to qualify for the green card. Ensure that the project has a solid job creation plan that meets or exceeds this requirement.

  1. Who is your immigration lawyer?

The immigration lawyer’s expertise in EB-5 filings can significantly affect the success of your petition. Ensure that the project is represented by a lawyer with proven experience in the EB-5 process.

  1. Who is the economist for the EB-5 project?

An economist plays a key role in analyzing job creation and ensuring the project meets EB-5 requirements. Make sure the economist is reputable and experienced in the EB-5 space.

  1. Who is your securities lawyer for the EB-5 project?

A securities lawyer ensures that the project complies with U.S. securities laws, protecting your investment from legal issues.

  1. Who will manage the escrow account?

The management of the escrow account should be handled by a reliable third party. This account ensures that your investment is safeguarded until the project meets certain benchmarks, such as USCIS approval or job creation.

  1. When does the regional center intend to refund the investment?
    It’s important to get a clear timeline on when the regional centre plans to return your investment, especially if the project does not meet the necessary criteria or if your EB-5 petition is denied. Is refund in fill, partial or any penalty of charge for a refund?

Investing in a friend’s or relative’s project in the USA can be a viable option, provided you feel comfortable asking critical questions and receiving transparent answers.

 

By asking these questions, you can gain greater confidence in the EB-5 project you’re considering and ensure that your investment leads to both a green card and a secure financial future.

 

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com

 

January 12, 2024
January 12, 2024

USA EB5 investment and Regional Centers Ownerships

Author By ajmeralawim Categories Business Visa, EB-5 US Investor Visa, Regional Centers, Residency & Citizenship by Investment, USA

**Navigating the New USA EB-5 Landscape: Understanding Regional Center Ownership Models**

The recent changes to the EB-5 program have brought about significant protections for investors, but caution is still advised. Understanding the ownership models of Regional Centers (RC) is crucial, as it plays a pivotal role in the success and compliance of EB-5 projects.

**1. Developer-Owned RCs:**

– Leading developers or business owners establish their RCs to raise funds for their projects. This model provides direct control but demands a deep understanding of the EB-5 process and compliance requirements.

**2. Financial Intermediaries:**

– Finance companies, commercial mortgage brokers, or broker-dealers may seek RC approval to raise funds for small to medium-sized businesses or developers. They can either establish their RC or rent an existing one.

**3. EB-5 Marketing Companies:**

– Marketing companies secure approval for multiple RCs and lease or license them to developers seeking funding. They also offer fund-raising services for smaller entities. However, this model, especially under the new regulations, presents unique challenges.

Under the revised EB-5 rules, USCIS has taken over the approval process for RCs, eliminating the involvement of state governments. The shift aims to bolster the integrity of the program. The three ownership models, particularly the third, now face heightened compliance requirements from both USCIS and the Securities and Exchange Commission (SEC).

While the first two models may navigate these changes more easily, the third model—leasing or licensing RCs—poses significant risks. Compliance requirements under the new rules demand a meticulous understanding of the EB-5 process, making it challenging for companies solely relying on RC licenses to meet these standards.

Our law office has encountered cases highlighting the unprofessional practices within this model. Educated and sophisticated investors find themselves at a loss, uncertain about their investments due to inadequate guidance from lawyers, developers, and RCs.

Industry experts share our concern, emphasizing that maintaining an RC solely for licensing may not be economically viable unless managing large or multiple projects within one RC. Recent USCIS data supports this observation, with a minimal number of RC renewals and a sparse project count.

In essence, the evolving EB-5 landscape urges investors, developers, and regional centers to exercise due diligence. Understanding the intricacies of the new regulations is vital for successful and compliant participation in the EB-5 program.

*Disclaimer: This information is not legal advice, and individuals are encouraged to seek professional counsel for their specific circumstances.*

To explore your settlement options in the USA, schedule a consultation with Indian immigration lawyer Prashant Ajmera, the founder of Ajmera Law Group. Contact us at +919974253030 or email us at info@ajmeralaw.com. Discover the pathways to your American dream with expert legal guidance.

January 7, 2024
January 7, 2024

Is USA EB-5 investment at Risk?

Author By ajmeralawim Categories Business Visa, Green Card, L1 A & B Visa, Regional Centers, US Immigration attorney, US Immigration Lawyer

“Navigating EB-5 Investments: Ensuring the Safety of Your Capital”

Introduction:

The EB-5 Immigrant Investor Program offers a pathway to obtaining a U.S. Green Card by making a qualified investment in a new commercial enterprise. While this program provides an excellent opportunity for foreign investors, it’s crucial to understand the intricacies and risks associated with EB-5 investments. This blog aims to shed light on the safety of EB-5 investments and guide investors on mitigating business risks.

EB-5 Investment Criteria:

1. **New Commercial Enterprise:**
– Established after Nov. 29, 1990, or restructured before this date.
– Involves purchasing and restructuring an existing business or expanding it by at least 40%.

A new commercial enterprise is defined as any for-profit activity formed for the ongoing conduct of lawful business.

2. **10 Job Creation Requirements:**
– EB-5 investors must invest in a new commercial enterprise that creates full-time positions for at least 10 qualifying employees.

3. **Capital Investment Requirements:**
– Capital includes cash and tangible assets owned and controlled by the investor.
– Excludes assets acquired unlawfully, investments with guaranteed returns, or investments subject to repayment agreements.

Navigating Business Risks:

Investing in any business, whether in the USA or elsewhere, involves inherent risks. The key for EB-5 investors is to minimize these risks through due diligence and professional assistance. Here are essential considerations:

1. **Due Diligence:**
– Conduct a thorough analysis of the business, industry, and market conditions.
– Evaluate the business plan and financial projections for viability.
– Assess the management team’s expertise and track record.

2. **Professional Guidance:**
– Seek assistance from experienced professionals, including legal and financial advisors.
– Consider hiring experts who specialize in EB-5 investments and understand the nuances of U.S. immigration law.

3. **Risk Mitigation Strategies:**
– Consider making investments in businesses or regional centers with a proven, long-standing track record of success.
– Stay informed about changes in U.S. immigration policies and regulations.

– Avoid making investment decisions on projects solely based on shorter processing times.

Conclusion:

While the EB-5 program offers a unique opportunity for foreign investors, understanding and mitigating business risks is paramount.

By conducting due diligence, seeking professional guidance, and implementing risk mitigation strategies, EB-5 investors can enhance the safety of their capital.

Making informed decisions will not only safeguard investments but also contribute to the success of the EB-5 journey.

To explore your settlement options in the USA, schedule a consultation with Indian immigration lawyer Prashant Ajmera, the founder of Ajmera Law Group. Contact us at +919974253030 or email us at info@ajmeralaw.com. Discover the pathways to your American dream with expert legal guidance.

October 14, 2023
October 14, 2023

Portugal Golden Visa Investment in Private and Public Funds

Author By ajmeralawim Categories Business Visa, Portugal, Portugal Golden Visa, Portugal Investor Visa

Portugal Golden Visa: Investing in Private and Publick Funds Under the New 2023 Rules

Introduction

As of October 2023, Portugal has made significant changes to its Golden Visa program, making it no longer possible to obtain this prestigious status through real estate investments. This shift marks a remarkable transformation in the Portuguese real estate market, which has evolved from being one of the weakest markets, especially after the Lehman Brothers’ collapse, to a booming industry in 2023.

This transformation can be largely attributed to the introduction of the Golden Visa program in 2012. However, the rapid rise in real estate demand prompted the Portuguese government to discontinue real estate investments as a means of acquiring a Golden Visa.

But fear not, as there are still alternative avenues to pursue this coveted visa.

Despite the closure of the real estate investment route, there are six different investment options available for those aspiring to secure a Portugal Golden Visa:

  1. Capital Investment Options:
    • A financial investment or capital transfer of more than €1 million into any business or company, alongside the creation of at least 10 permanent jobs.
    • A financial investment of €1 million in government securities and bonds.
    • A transfer of funds exceeding €350,000 for research activities.
    • A transfer of funds exceeding €350,000 for the acquisition of units of investment funds or venture capital funds.
    • A transfer of funds exceeding €250,000 for artistic or cultural activities.
    • A transfer of funds exceeding €500,000 for the capitalization of small and medium-sized companies.

Ajmera Law Group strongly believes that investing in funds will become the most popular investment choice for obtaining a Portugal Golden Visa in the coming years.

Advantages of Fund-Based Investments

Investing in funds for a Golden Visa has several distinct advantages over real estate:

  1. Cost-Efficiency: Fund investments typically incur lower costs than real estate, as there are no property taxes or maintenance fees to worry about.
  2. No Property Management: With funds, there is no need to concern yourself with property management, tenants, or rental issues.
  3. Potential for Higher Returns: Well-selected funds can provide more favorable returns compared to real estate investments.
  4. Ease of Liquidation: Selling a fund investment is generally more straightforward than selling real estate.
  5. No Property Management Fees: Funds don’t come with the ongoing management fees associated with real estate properties.

Selecting the Right Fund

When considering fund-based investments for a Portugal Golden Visa, it’s crucial to exercise due diligence:

  1. Avoid Real Estate Exposure: Ensure that the fund is not invested in real estate, in compliance with the new regulations.
  2. Regulatory Compliance: Confirm that the fund is registered with the Portugal Securities Market Commission (CMVM) for transparency and regulatory adherence.
  3. Portuguese Company Investment: Verify that the fund allocates a significant portion (at least 60%) of its assets to Portuguese companies.
  4. Investment Diversity: Assess the fund’s diversification strategy to minimize risk.
  5. Exit Strategy: Consider the ease of selling the fund at the end of the mandatory investment period required for the Golden Visa.

Conclusion

With the closure of the real estate investment option for Portugal Golden Visas, investors are now presented with a compelling opportunity to explore fund-based investments.

These investments offer various advantages, such as cost-efficiency, hassle-free management, potential for higher returns, and easier liquidation.

However, it’s crucial to choose funds wisely, ensuring compliance with the new rules and focusing on factors like diversification and an effective exit strategy.

As Portugal’s Golden Visa program evolves, these fund-based investments may well become the preferred pathway for investors seeking this prestigious status.

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