Expanding business internationally brings both opportunities and challenges. Compliance risks are one of the critical challenges every business must be aware of and address properly before planning to form remote teams in another country.
India has complex labor law and taxation laws. All these rules are applicable when your company forms an entity in India. Companies look for business models such as outsourcing the work or appointing individual consultants. Both Business models give little control and visibility over the resources, there are difficulties in operations.
Numerous international enterprises outsourcing the work are keen on establishing teams in India due to the evident advantages it offers, including access to a vast pool of talented professionals and cost savings on resources. However, for companies solely interested in leveraging these resources and not actively seeking to sell their products or services in the Indian market, the formation of a separate entity may not be essential. In such cases, opting for an Employer of Record (EOR) solution proves to be the most optimal choice.
This blog includes valuable insight into the critical function EOR (Employer of Record) services play in India’s management of compliance risks. We have thoroughly addressed all the compliance risks that an EOR can successfully manage on behalf of the client. This blog is a good resource for you if you want to mitigate compliance risks in India and want to create a presence without the necessity for direct entity formation.
How EOR protects foreign firms from compliance risks?
Employer of record services in India allows you to hire talent across different cities without the requirement of establishing a legal entity. EORs function on your behalf with your foreign business and handle your employees in India by providing services in compliance with Indian employment regulations.
Compliance challenges of the employer of record in India while acting on behalf of the employer include PE risks, data security compliances, ensuring compliance with all employment and labor laws, management of payrolls, tax, and benefits, and connecting with the local systems.
How does EOR support payroll and tax compliance risks?
By partnering with an EOR you handover compliance and legal liabilities. EORs take over responsibility for statutory benefits such as provident fund, payment of bonuses, employee state insurance, maternity leave, employee claims, gratuity, and compliance-related issues, making them the official employer of your workers for labor law purposes. It aids in shielding your company from potential monetary and legal consequences.
If you hire an employer of record in India, they will administer the teams’ payroll and take care of employer and employee taxes. EOR aids by calculating professional tax, medicare taxes, deductions, and paying dues to the government as per the Indian tax regulations. This may incorporate health insurance, retirement plans, and other employee benefits.
EOR handles timely, monthly payroll processing. EOR services ensure the remote worker’s registration in India for tax purposes. They will handle all the documentation needed for tax registration and acquire any vital tax identification numbers, such as a Tax Deduction and Collection Account Number (TAN) and Permanent Account Number (PAN).
How EOR protects from Permanent Establishment risks?
If a foreign company has a mutually exclusive agreement with an independent contractor in India, there are chances of attracting PE (Permanent Establishment) Risks. When a foreign company’s operations in a country reach specific thresholds and the development of a taxable presence in that country results, the risk of a permanent establishment (PE) is the possible tax liability that may result.
With the employees in India, the EOR enters into contracts specifying the terms and conditions of employment. These contracts explicitly declare that the individuals are EOR workers, not client employees, further establishing the customer’s independence from any potential PE issues.
With the help of an Employer of record in India, foreign companies can establish a legal separation between the legal entity and the operations of the company. A company can rely on EOR to comply with local laws and regulations.
Employer of Record services in India takes responsibility for employment laws, including payroll, taxation, benefits, and statutory contributions. A physical presence or a firm business in India is required to establish PE. With the help of EOR, the foreign company can avoid creating nexus because the EOR services are not considered as the foreign company’s permanent establishment.
It becomes flexible for foreign companies to scale their workforce up or down per their business needs. With the help of EOR, a company doesn’t need to establish a fixed and permanent presence that reduces the risk of triggering a PE.
How does EOR in India help with an expat work permit?
EOR in India can help you get an ex-pat work permit to work with your team.
Employer of Record (EOR) services are crucial for permitting the acquisition of foreign worker visas. Collaborating with an EOR when hiring foreign nationals assures compliance with regional labor rules and speeds up the work permit procedure.
The EOR serves as the expatriate employee’s legal employer, handling duties like payroll administration, tax withholding, and social security contributions. An EOR helps firms quickly manage the complexity of work permits by utilizing their knowledge of regional rules.
This arrangement promotes a frictionless and legally compliant environment for foreign workers while also allowing organizations to remain focused on their primary business operations.
How EOR in India helps in company tax compliance?
Companies with foreign subsidiaries must pay income tax on any earnings made in India. For international businesses, the tax rate is 40% plus a surcharge and an education cess. In addition, international companies must withhold tax from several payments made to them by Indian citizens, including dividends, interest payments, and royalties.
EOR services monitor modifications to tax laws and ensure that the remote worker complies with any new requirements. They will keep an eye on the requirements for tax compliance, such as thresholds, exemptions, and deductions, and they will change the employee’s tax withholdings accordingly.
How Remunance effectively handles regulatory compliances in India?
Our Employer of Record (EOR) services is designed to navigate your entry into India without establishing a business entity. At Remunance, we understand a remote team acts as the backbone of managing your global business. We also comprehend the importance of building and retaining skilled resources. By becoming your ally, we provide complete HR admin and office infrastructure support.
We aim to inculcate a winning team culture through our ideal selection process conducted by our efficient team of HR professionals. We understand the Indian pulse, are aware of the changing trends in the market and HR policies, and share your employee responsibilities by finding the right fit accordingly.
Building remote teams in India to achieve efficient compliance management gets critical. Businesses can reduce the risk of non-compliance and concentrate on their core business activities by partnering with Remunance Services. Offloading the complexity of compliance management to a competent and experienced company.
Remunance has served more than 85 clients from 16 countries across the globe. We are also very proud of our achievement of hiring over 800 Indian employees situated in 34 cities for our foreign clients.
Organizations can comfortably develop their activities in the world’s fastest-growing economies while concentrating on their main goals while Remunance Services address compliance risks.