Author
Amit Agarwal
Co-Founder · CA, CPA
24 articles by Amit Agarwal, newest first.
01
Articles by Amit Agarwal
India Is Rewriting Its Foreign Investment Rulebook: Not Merely Amending ItThe draft FEM (Foreign Investment) Rules, 2026, shrink the statute itself and push the substance into the FDI Policy and RBI directions. What has actually changed? On 21 July 2026, the RBI released a draft of the Foreign Exchange Management (Foreign Investment) Rules, 2026, to be notified by the Ministry of Finance in supersession of […]Read the article Why Incorporate in Delaware?Apple is incorporated in Delaware. So are Alphabet, Microsoft, Amazon, Meta, Walmart, Disney and Nvidia, and none of them are headquartered there. Delaware has just over a million residents, yet it’s the legal home of 2.1 million registered entities, 66.7% of the Fortune 500, and 81.4% of every U.S.-based IPO in 2024. The obvious conclusion […]Read the article US-India Cross-Border Tax and Regulatory Compliance in 2026Five regulatory updates. Two countries. One unmistakable message: cross-border compliance is becoming far less forgiving. Enterprises with an operational or financial nexus to both the United States and India are again subject to a materially changed regulatory landscape. Authorities in both jurisdictions promulgated changes affecting cross-border fund movement, income reporting, workforce sponsorship, and tax credit […]Read the article Remission of Duties and Taxes on Exported Products (RoDTEP)A CFO’s Technical Guide to India’s Embedded-Tax Neutralisation Mechanism A technical analysis for CFOs, Export Finance Heads, Tax Heads and International Trade Advisors — legal position updated to the notifications in force as of mid-2026. Why this matter before we define anything For a country running a persistent trade deficit and aspiring to move up […]Read the article The FEMA (Non-Debt Instruments) (Third Amendment) Rules, 2026A FEMA amendment with income-tax consequences — the taxation of a foreign individual investing directly in Indian listed equity Central Thesis On 12 June 2026, the Ministry of Finance notified the Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026. By opening the repatriable portfolio route under Schedule III to every individual resident outside India, […]Read the article Restructuring a Cross-Border Founder-Owned Group: Unlocking Investor Value Through FEMA-Compliant Holding ArchitectureThis case study examines a structuring engagement undertaken for an early-stage technology founder who had independently established two operating entities — a U.S. corporation set up to attract institutional capital and serve as the customer-facing global entity, and an Indian private limited company set up to house engineering talent, develop intellectual property, and […]Read the article From Policy to Statute: The FEMA NDI Amendment Rules, 2026What the May 2026 notification adds beyond Press Note 2 Press Note 2 of 2026 told us what the Government intended to do. The notification published on 2 May 2026 — the Foreign Exchange Management (Non-Debt Instruments) (Amendment) Rules, 2026 — tells us what is now legally enforceable. The distinction matters more than it sounds, […]Read the article India–EU Free Trade Agreement: A Defining Moment in Global Trade RelationsAfter nearly two decades of negotiations, the India–European Union Free Trade Agreement (India–EU FTA) has reached a historic breakthrough. Often described as the “Mother of All Trade Deals,” this agreement represents one of the most comprehensive and ambitious trade partnerships India has ever pursued. The conclusion of negotiations in January 2026 marks a turning […]Read the article Convertible Notes vs SAFE Agreements: India & US Comparison for Startups and InvestorsEarly-stage startups often need capital before they can confidently determine a valuation. To address this challenge, founders and investors commonly use Convertible Notes or SAFE (Simple Agreement for Future Equity) agreements. Both instruments defer valuation until a future priced equity round; However, they differ materially in legal nature, risk allocation, investor rights, and regulatory […]Read the article Post-Registration Compliance in the U.S. for Indian Companies: Annual Filings, Taxes & Maintenance1. Introduction: The Real Journey Begins After Registration Congratulations! Your U.S. entity is now registered. That’s a major milestone. But as many Indian founders quickly learn, the real work begins now keeping it compliant, in good standing, and tax-healthy. Incorporating your U.S. company is just your passport staying compliant keeps you legally active and credible. […]Read the article Key Highlights of the 53rd GST Council MeetingThe latest GST Council meeting has ushered in a series of pivotal changes to enhance the efficiency and clarity of the Goods and Services Tax (GST) framework. This document encapsulates the key adjustments in GST rates on goods and services, crucial exemptions, and procedural reforms designed to streamline compliance and foster economic growth. From revised […]Read the article Understanding Dividend and Bonus Stripping under Sections 94(7) and 94(8) of the Income Tax Act, 1961Bonus and dividend stripping are sophisticated strategies investors employ to mitigate their tax liabilities. These tactics exploit the timing of dividends and bonus shares to engineer artificial losses used to offset taxable income. To counteract such practices and promote a fair tax system, India has implemented stringent regulations under Sections 94(7) and 94(8) of the […]Read the article Advancements in Corporate Governance: An Overview of Revised Secretarial Standards in IndiaIn today’s evolving corporate governance landscape, companies must stay abreast of regulatory changes to maintain compliance and transparency. Recently, the Institute of Company Secretaries of India (ICSI) revised Secretarial Standards SS-1 and SS-2, which govern the conduct of board and general meetings, respectively. Effective from April 1, 2024, these revisions are set to enhance the […]Read the article Analyzing Corporate Buybacks and Their Tax Implications Under the Income Tax Act of 1961In the realm of corporate finance, the buyback of shares, also referred to as a share repurchase, is a strategic manoeuvre where a company reacquires its own stock from the marketplace or its existing shareholders. This action effectively reduces the number of outstanding shares, often signalling confidence in the company’s prospects and aiming to enhance […]Read the article Understanding the Impact of Tax Changes on Debt-Oriented Mutual FundsDebt-oriented mutual funds are a popular investment choice, focusing primarily on fixed-income securities such as bonds, treasury bills, and government securities. They are safer than equity mutual funds and aim to provide regular income with lower risk. However, recent changes in the tax regime have significant implications for investors. This article discusses the nature of […]Read the article

