ICAI REG. NO. 139415 Peer-reviewed firm · Pune, India · Practicing since 2012

Transfer Pricing for Foreign-Owned Indian Subsidiaries

Practice — International Tax

Transfer pricing for foreign-owned Indian subsidiaries.

Every payment between your Indian subsidiary and your foreign parent must follow India's transfer pricing rules. We help you design, document, and defend your pricing — cleanly and correctly, from intercompany agreements to Master File and CbCR compliance.

Quick answer

Transfer pricing documentation is mandatory every year for every foreign-owned Indian subsidiary — regardless of size or revenue. It requires an intercompany agreement, a benchmarking study against Indian comparables, and an annual Form 3CEB filing. Incorrect pricing or missing documentation can trigger scrutiny, penalties, and delays in cross-border payments.

Choosing a pricing method

Cost-plus, TNMM, or pass-through — which fits your model?

The right method depends on what your India entity actually does — research, development, shared services, or a straight cost pass-through. Here's how the common approaches differ.

Method Best suited for How it works
Cost-plus SaaS, engineering, and product development centres India entity's costs are marked up by a benchmarked percentage before intercompany billing
TNMM Shared services, back-office, and support functions Net profit margin is benchmarked against comparable Indian companies performing similar functions
Fixed mark-up Predictable, low-risk service arrangements A pre-agreed percentage is applied consistently, simplifying annual documentation
Pass-through Reimbursements with no value addition Costs are recharged at actuals — requires careful documentation to avoid being treated as a service fee
Allocation keys Multi-entity cost-sharing arrangements Shared costs are split across group entities using a defensible allocation basis (headcount, revenue, usage)
Full scope

End-to-end transfer pricing support.

From the first intercompany agreement to annual Master File compliance — one team handles it all.

01

Intercompany agreement drafting

Service agreements, cost allocation agreements, software development agreements, IT support agreements, and management fee agreements — each aligned to TP rules and Indian tax expectations.

02

Benchmarking study

A detailed analysis using Indian comparable companies, functional analysis, transaction analysis, and FAR (Functions, Assets, Risks) analysis to support your pricing position during audit.

03

TP documentation — 3CEB & local file

Form 3CEB, local file, intercompany transaction details, pricing rationales, and supporting schedules — submitted before statutory deadlines.

04

Master File & CbCR compliance

Where applicable — Master File Part A and Part B, CbCR notifications, and documentation support for your group's global reporting team.

05

Transfer pricing planning

Guidance on cost-plus models, salary recharge models, cost allocation, margin justification, and reimbursement structures — designed for SaaS, engineering, CRO, and IT back-office models.

06

Intercompany mark-up advisory

Determining the correct mark-up for R&D, engineering, IT development, global support, data operations, and finance shared services — aligned with India TP expectations.

Our process

A seven-step process, simple and defensible.

01

Understanding your intercompany model

We map who provides what, where value is created, what risks each entity bears, and how costs and revenue flow across the group.

02

Designing the pricing approach

Depending on your business, we recommend cost-plus, TNMM, fixed mark-up, pass-through, or allocation keys.

03

Drafting or updating agreements

We prepare compliant intercompany agreements aligned to tax expectations on both sides of the border.

04

Benchmarking & comparables

We identify suitable Indian comparables and justify the margin your pricing model reflects.

05

Preparing 3CEB & documentation

Accountant's report (Form 3CEB), local file documentation, and transaction-level TP support.

06

Master File / CbCR (if applicable)

We file and maintain the Master File, CbCR notifications, and alignment with your global group's reporting.

07

Ongoing advisory

Support for new service models, group invoicing, reimbursement design, and quarterly review as your business evolves.

Why foreign subsidiaries choose KRPR

Transfer pricing needs practical clarity, not generic theory.

We link TP directly with GST, TDS, and FEMA implications — because for foreign-owned subsidiaries, these disciplines never operate in isolation.

6 CAs
Plus a dedicated legal research team
200+
Foreign subsidiaries handled
SaaS
Deep experience in SaaS, IT, engineering & CRO models
1
Boutique, founder-led advisory — one accountable partner
What we need from you

A simple checklist to get started.

Intercompany invoices — the actual transactions we're benchmarking.
Cost/revenue breakdown — how expenses and income map to each entity.
Employee cost details — for salary recharge and cost-plus models.
Nature of services/product — what the India entity actually does.
Group structure — the full intercompany ownership and transaction map.
Existing agreements — any intercompany contracts already in place.
Frequently asked questions

Common questions about transfer pricing.

Is TP documentation mandatory every year?

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Yes. Every foreign-owned Indian subsidiary with intercompany transactions must maintain transfer pricing documentation and file Form 3CEB annually.

Do startups or small subsidiaries need TP?

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Yes — every foreign subsidiary needs it, regardless of size, revenue, or how early-stage the business is. The obligation is triggered by having cross-border intercompany transactions, not by scale.

How much markup should we apply?

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It depends on benchmarking — typically cost-plus for service arrangements, with the exact percentage justified by comparable Indian companies performing similar functions.

What happens if we don't file Form 3CEB on time?

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Missing the 3CEB deadline can attract penalties under the Income Tax Act, and it weakens your position if the transaction is later scrutinised. We track the compliance calendar so this deadline is never missed.

Do reimbursements need transfer pricing documentation?

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Yes, if there's any value addition or if the reimbursement resembles a service fee rather than a pure cost pass-through. We help structure and document reimbursements to avoid ambiguity here.

Ready to get your transfer pricing in order?

Schedule a no-obligation discovery call. We'll review your intercompany model and outline a clear compliance plan.

Schedule a consultation Write to rohit@krprassociates.com

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