USA · Service
Flip structures, holding companies and treaty-efficient ownership: the cross-border architecture that lets a business operate in both India and the US without tax leakage or FEMA surprises.
The hardest part of operating across India and the US is the structure that sits between them, where the holding company lives, how equity flows, and how the India–US treaty and FEMA both apply. We design ownership that satisfies investors, the IRS and the RBI at once, whether you are flipping a startup to Delaware or building an India–US group from scratch.
US or India holding layer chosen for investors, tax and exit.
Delaware flip of an Indian company with share-swap and valuations.
Outbound and inbound structuring aligned to RBI rules.
India–US treaty positions to reduce withholding and double tax.
Cross-border cap tables and option pools that work in both countries.
Structure built so a future acquirer or IPO needs no rework.
We map operations, investors and tax in both countries.
We choose the holding and ownership architecture.
We execute the flip or build with valuations and filings.
We reconcile FEMA, the IRS and your cap table.
We build the cross-border structure your US investor, the IRS and the RBI will each accept, designed once, not unwound at diligence.
| Structure | Suits | Key rules |
|---|---|---|
| Indian company with a US subsidiary | Indian businesses selling into the US | Overseas direct investment up to 400% of net worth; US corporate tax on the subsidiary; transfer pricing on both sides |
| US parent with an Indian subsidiary | Venture-backed companies with Indian operations | Foreign direct investment reporting in India; transfer pricing on the Indian cost-plus entity; NCTI for the US parent |
| Delaware flip | Indian startups raising from US investors | Share swap by Indian shareholders is an overseas investment and can be taxable in India |
| Reverse flip | Groups moving the holding company back to India before an Indian listing | Inbound merger, including the fast-track route in rule 25A since 17 September 2024; US and Indian tax on the exit |
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Read the guide →Book a confidential consultation with our remote US Desk to architect an India–US structure that satisfies investors and both tax authorities.
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