Use this tool where a foreign individual or foreign entity wants to set up or expand business in India. It separates personal promoter routes from foreign entity routes and shows the likely structure, FDI sector position, land border approval requirement and dividend repatriation impact. Liaison office and branch office are foreign entity routes. They are not direct personal setup options for an individual foreign national.
Start by stating whether the applicant is an individual foreign national or a foreign entity. The result changes because WOS, JV, liaison office and branch office are foreign entity routes. An individual foreign national cannot directly open an LO or BO in India.
Answer six short questions to separate individual setup from foreign entity entry. The result will not force WOS or JV where the applicant is an individual foreign national.
Use this comparison so that every foreign entrant is not pushed into WOS or JV. Individual founders usually evaluate private company and LLP routes first. Eligible foreign entities may evaluate WOS, JV, liaison office and branch office routes.
| Route | Best fit | Key limits | Typical filings |
|---|---|---|---|
| Private company by foreign individual | Foreign national wants to build and operate an Indian business directly. | Needs at least one resident director; sector cap, PN2/PN3, pricing, bank KYC and visa or residential status issues still matter. | SPICe+ incorporation, PAN/TAN/GST as applicable, FC-GPR for foreign share subscription, FLA if foreign investment exists. |
| LLP with foreign individual or entity | Professional services, consulting, software and other 100% automatic sectors with no FDI linked performance conditions. | Not suitable for capped or government route sectors or sectors with FDI linked performance conditions; needs resident designated partner. | LLP incorporation, FDI reporting for capital contribution/profit share, annual LLP filings, tax registrations as applicable. |
| Wholly Owned Subsidiary (WOS) | Foreign parent company wants full control of an Indian company. | Only where sector permits foreign ownership up to the intended level; resident director required. | Company incorporation, share subscription, FC-GPR, FLA, statutory audit, MCA annual filings. |
| Joint Venture (JV) | Partner brings licences, distribution, regulatory access, capital or capped sector participation. | Needs governance, reserved matters, deadlock, IP, non compete, exit and valuation provisions. | Company/LLP filings plus JV agreement, FDI reporting, sector approvals if government route applies. |
| Liaison Office | Foreign company, body corporate or overseas registered firm/association wants India market research, promotion, representation or parent company communication channel. | Cannot earn revenue or commercial/trading/industrial activity in India; not available for an individual founder as a standalone personal setup. | Form FNC through designated AD Category-I bank, RBI/UIN process where applicable, annual activity certificate, remittance-funded expenses. |
| Branch Office | Foreign company, body corporate or overseas registered firm/association wants limited India revenue from permitted activities such as consultancy, export/import, IT/software, research or technical support. | Activity restricted; not a general operating company and not a route for an individual founder. | Form FNC through designated AD Category-I bank, RBI/UIN process where applicable, tax registration, annual activity certificate, branch accounting and tax filings. |
Use these cards to compare revenue ability and usual blockers without mixing individual and foreign entity routes.
If a foreign individual personally starts an Indian company, the better description is usually a foreign owned Indian private company, not a WOS. WOS is most useful when a foreign parent company owns the Indian subsidiary.
An individual foreign national cannot directly open a liaison office or branch office in India. Under the RBI/FEMA framework, the applicant is an eligible foreign entity such as a company, body corporate or firm/other association registered outside India, with Form FNC routed through a designated AD Category-I bank and RBI/Government consultation where required.
A standard foreign national should not treat sole proprietorship or ordinary partnership firm as a practical India entry structure. NRI/PIO permissions are separate, usually limited and cannot be assumed for other foreign nationals. A non-NRI/PIO applicant would need prior RBI approval, decided with the Government of India, so this is an exceptional approval route rather than a normal setup path.
Search by formal sector or plain business terms. This section includes listed DPIIT sectors and common unlisted activities such as information technology, software, SaaS, BPO, consulting and professional services.
DPIIT policy generally allows 100% FDI under automatic route in sectors not specifically listed, subject to applicable laws, security conditions and land border beneficial ownership rules. For example, information technology and software services are usually treated through this unlisted sector rule unless the activity also falls into telecom, digital news, e-commerce, financial services or another regulated category.
Estimate how much dividend income may be repatriated to a non-resident investor after Indian domestic tax, surcharge, health and education cess and the available DTAA cap are compared.
The calculator compares loaded domestic dividend withholding with the selected treaty cap. For a live payment, confirm surcharge slab, TRC, Form 10F, beneficial ownership and PPT comfort before relying on the rate.
Use this closing list to track incorporation, inward investment reporting and the first set of recurring compliance after the structure is selected.
The India Entry Advisor is for foreign nationals, non-resident founders and overseas parent companies evaluating how to start or expand business in India. It separates individual promoter routes from foreign entity routes, because a foreign individual setting up an Indian private company is not the same planning question as a foreign parent choosing between a wholly owned subsidiary, joint venture, branch office, liaison office, LLP or project style presence. Branch office and liaison office are treated as foreign entity routes and not direct personal setup options for individual foreign nationals.
It also connects structure choice with FDI sector treatment, Press Note 2 land border beneficial ownership checks, FEMA reporting steps and dividend repatriation tax. This is useful before incorporation documents, shareholder agreements, RBI filings or tax treaty paperwork are prepared.
For ordinary foreign nationals, sole proprietorship and ordinary partnership are not practical automatic route entry structures. The tool flags those points and refers users to incorporated or approved routes.
No. A WOS is mainly a foreign entity route where a foreign parent owns the Indian subsidiary. Individual promoters usually evaluate private company or LLP routes. LO and BO are separate foreign entity routes.
No. A liaison office or branch office is opened by an eligible foreign entity such as an overseas company, body corporate or registered firm/association through the RBI/FEMA route. An individual foreign national should not treat LO or BO as a direct personal setup structure.
Yes. The FDI check includes formal policy sectors and common unlisted sectors such as information technology, software, SaaS, BPO, consulting and professional services.
Yes. The calculator compares fully loaded Indian domestic withholding with selected DTAA treaty caps, including surcharge and health and education cess in the domestic rate calculation.
Note: This is an India-entry planning aid. Confirm FDI policy, sector caps, RBI/FEMA reporting, tax treaty position and AD bank requirements before investing or filing.