Notes & insights.
Periodic notes from the partnership on cross-border tax, FEMA changes, the Indian regulatory environment, and what we learn working alongside founders, investors, and family offices.
Recent notes
Rule 11UA and 409A: valuation for Indian startups with a US entity.
Founders with a Delaware or other US entity often need two unrelated valuations at once. What Rule 11UA requires after its 2023 amendment, what the angel-tax abolition did and didn't change, what triggers a 409A, and why a flip makes the two collide.
Read the full noteThe reverse flip: moving your startup's domicile back to India.
PhonePe, Groww, Zepto, Meesho and Pine Labs brought their parents home — mostly ahead of Indian listings. The NCLT route versus the September 2024 Section 233 fast-track, the shareholder tax bill, ESOP and SAFE mechanics, and a 12-month sequencing plan.
Read the full noteRepatriating money from India: NRO, NRE, the USD 1 million scheme and Form 15CA/15CB.
The three-account architecture, what moves freely versus within the USD 1 million per year ceiling, the 15CA/15CB certification layer, property-sale proceeds, NRO-to-NRE transfers, and what reverses when you return to India.
Read the full noteSSA vs SHA: the legal stack of an Indian startup round.
What the Share Subscription Agreement does, what the Shareholders' Agreement does, why the Articles of Association decide enforceability, the instruments in between (CCPS, CCD, convertible notes, iSAFE) — and the incubator and fund variants, SISFS included.
Read the full noteThe Income-tax Act, 2025: what actually changes for founders, NRIs and foreign companies.
India replaces the 1961 Act from 1 April 2026. Mostly a renumbering and a new “tax year” — but every section reference in your ESOPs, valuations and TP files needs a second look. A plain-English guide with a 1961 → 2025 section map.
Read the full noteForm 13 LDC for NRIs: when it works, when it doesn't.
A practical note for NRIs selling Indian property. Section 195 requires TDS on the full sale consideration (12.5% LTCG plus cess since 23 July 2024, not on the gain); Form 13 reduces that to tax on your actual gain. We walk through when the application succeeds, when it fails, what to file, and what to do when timing is against you.
Read the full noteFlip structuring after GAAR. Delaware, Singapore, Cayman, IFSC, UAE compared.
Indian startups going offshore now operate in a post-GAAR, post-PoEM, post-Section 9 reality. We compare five common destination jurisdictions across substance requirements, capital-gains exposure, ESOP migration, IP transfer, and cost. There is no single right answer, but there are wrong ones.
Read the full noteWhat changed in India-US transfer pricing for FY26.
Three meaningful changes (Master File / CbCR threshold revision, the Safe Harbour rules update for IT/ITeS captives, and the Advance Pricing Agreement programme's data-driven turnaround acceleration) meaningfully shift how Indian arms of US groups should approach FY26 documentation.
Read the full noteMailing list
To be notified when we publish, email info@advisorymonks.com with "Insights mailing list" in the subject. We send updates only when we publish, typically once a quarter, sometimes more if a regulatory change demands it.
For journalists & researchers
For interview requests, citation-ready summaries of our positions on cross-border tax, or speaking engagements at industry events, contact info@advisorymonks.com.
Guides & tools
NRI selling property in India: TDS, Form 13 & repatriation
Cut Section 195 TDS on the full sale price down to tax on your actual gain, with a worked example and the repatriation path.
Read the guideNRI property TDS & Form 13 savings estimator
Estimate the TDS withheld, the tax actually due, and the cash a Form 13 certificate could free up.
Open the calculatorNR / RNOR / ROR residential-status checker
Answer nine questions and get your Section 6 residential status with the reason trail — including the 120-day and deemed-residency rules.
Check your statusESOP tax estimator: exercise + sale
Perquisite tax at exercise, capital gains at sale, listed and unlisted — with the DPIIT deferral note.
Estimate your taxIndia entry timeline & cost estimator
WOS, LLP, Branch or Project Office — how many weeks to invoicing-ready, and what it indicatively costs.
Estimate your timelineFlip-structuring readiness quiz
Seven questions on investors, revenue, IP and exits — scored against GIFT City and offshore options.
Take the quizThree engagements, end to end
A ₹28.6L Form 13 release, a 5-week India entry, and one India–US memo both sides signed — anonymised and step-by-step.
Read the case studiesIndia entry for foreign companies: subsidiary, FEMA & GST
Choosing the vehicle, incorporation, FDI/FC-GPR, GST and transfer pricing — a practical setup guide.
Read the guideIndia–US cross-border tax: DTAA, withholding, PFIC & GILTI
Treaty positions, Section 195 with 15CA/15CB, US-person exposure and transfer pricing in one place.
Read the guide