Labor Law Services

Compliance with Employment and Labor law have become one of most important issues that any company operating in India needs to deal with. Our employment and labor teams are adept in advising clients on the plethora of regulations that need to be complied with by companies looking to do business in India. Team North Pole has vast experience in molding the client’s global policies to meet the Indian requirements and ensure that the companies are fully compliance with the employment law and labor laws.

Apart from having a strong team and labor law consultants within the firm. We have engaged the services of various labor law consultants in India spread across various states and districts. This has provided us the unique ability to advise clients even in situations wherein the clients facilities are in remote areas. We are one of the very few labor laws firms in India who has the capability to advice clients irrespective of their location.

Payroll Outsourcing Services

From timely payroll processing through to statutory filings, reporting, analytics and expense management, our payroll outsourcing services simplify your workflow. North Poles experienced professionals work as an integral member of your team, taking care of your end-to-end payroll requirements.

We fix problems proactively and work with you as an integral part of your team allowing you to focus on your strategic business objectives. We operate as a trusted partner supporting you and your employees getting everyone paid on time, every time.

Tax Residency Certificate(TRC) Services

You may have incomes from more than one country. Such incomes may be taxable in both countries due to their domestic laws even though you are a tax resident in only one of those countries. Thus, to avoid paying such double taxes on the same income in both the source country and country of residence, double taxation avoidance agreements ("DTAA") (otherwise known as tax treaties) are entered between various countries. Such agreements offer the taxpayers the benefit of tax paid in the other country with which it has a tax treaty.

The Indian government has various DTAA with various countries. These tax treaty provisions apply only to residents of those countries which are parties to such tax treaties. Therefore, it becomes pertinent to confirm which country the person is a tax resident of. One of the main pieces of documentary evidence to establish tax residency and support eligibility for a DTAA relief claim is a tax residency certificate("TRC").

TRC and it's necessity

Income is said to be earned by a person in the country (source country):

1. Where he/she either renders his/her services or

2. Where he/she receives any income arising from an asset that is located in that country.

However, he/she may be based out of a different country (country of residence).

For determining the residential status in India, a person’s physical stay is considered for the relevant years.

A person who qualifies as a ‘Resident and Ordinarily Resident’ (ROR) is required to offer to tax all his income earned across the globe. Both his Indian and foreign income will be subject to tax. Also, such foreign income may be taxed in the source country as well. You will end up paying tax on the same income twice-once in the source country and once in the country of residence. To avoid such situations, the nations enter into DTAA to provide benefits to the taxpayers. The taxpayers can claim DTAA benefits at the time of paying taxes in such countries. Such DTAA benefit can be claimed only after he/she proves his/her domicile in such country, and in order to do so, a TRC helps in establishing the tax residency of such person. In essence, TRC is a document/certification issued by the tax authorities of the country of the person, confirming that such person is a resident of such country in that particular financial year. In brevity, TRC is proof of residency.

India has made it mandatory for non-resident taxpayers, who earn income from India and are desirous of claiming the treaty benefits, to furnish a valid TRC obtained by them from their respective country's government. Similarly, tax authorities of various countries stress upon such TRC to determine the eligibility for availing tax treaty benefits.

Transfer Pricing Services

North Pole’s qualified and well experienced Indian Chartered Accountants/ Tax Consultants / Legal professionals are assisting our clients while following the guiding techniques of the global regulations (OECD’s) as well as specific regulations as per Indian Income-tax law, by providing customized-corporate-wise support and valid economic analysis to evaluate inter-company transfer pricing policies and to maintain the pricing as within the Arm’s Length.

We advise our clients in such a way by predicting the unpredictable tax risk and to reduce the tax burden from transfer prices by avoiding legally and thereby, enhancing their global resources and profit margins. North Pole’s transfer pricing experts exploit market-based transfer pricing techniques (market risk, business risk, functional analysis, Assets Analysis, value-chain, supply chain management and business structure analysis, industry analysis, analysis on data bases etc.), benchmarking study and exact assessment methodologies to design inter-company transfer pricing policies adopted in sound business approach and well-established similar industry’s principles.

Foreign Exchange Management Act (FEMA)

In India, Foreign Exchange Management Act (FEMA), 1999 regulates transactions relating to foreign exchange and cross-border transactions between residents and non-residents.

FEMA envisages that the Reserve Bank of India (RBI) has a controlling role in the management of India’s foreign exchange reserves, external trade and its related payments and policies.

FEMA applies to all parts of India as well as all branches, offices and other entities established or set up outside India which are owned or controlled by a person resident in India.

Further, it also regulates branches, offices and other entities established or set up in India which are controlled by persons resident outside India.

North Pole’s team of corporate service experts, with sound knowledge of Indian regulatory environment including that of FEMA, can assist an Indian company as well as a foreign company.