CA India EmblemJayavardhan & CoChartered Accountants
PRACTICE DOMAIN 06·Hyderabad Practice

Transfer Pricing & FEMA

Discuss two distinct areas that may arise in related-party or cross-border activity: transfer pricing and India’s foreign-exchange framework.

Overview

Understanding this service.

Transfer pricing

Transfer pricing concerns pricing and documentation for relevant related-party transactions. The relationships between the parties, the nature of the transactions and applicable requirements shape the questions to consider.

FEMA

FEMA concerns India’s foreign-exchange framework and relevant cross-border transactions. The parties, transaction structure and movement of funds may be relevant to a discussion.

These topics are not interchangeable. A foreign transaction does not automatically mean transfer-pricing work is required, and the scope of a FEMA matter must be considered on its own facts.

When businesses typically need this.

  • You are considering a transaction involving related parties.
  • A cross-border business arrangement raises foreign-exchange questions.
  • You need to distinguish the transfer-pricing and FEMA aspects of a matter.

What to discuss with us.

  • The parties, relationships and jurisdictions involved.
  • The nature and purpose of the proposed or existing transaction.
  • Relevant agreements and timing, described without sharing confidential documents in the form.
  • Which questions concern pricing and which concern foreign exchange.

Frequently asked questions.

Are transfer pricing and FEMA the same thing?

No. Transfer pricing concerns relevant related-party pricing and documentation. FEMA concerns India’s foreign-exchange framework. They may intersect but address different questions.

Does every foreign transaction require transfer-pricing work?

No. The relationships, transaction and applicable requirements must be considered. A cross-border element alone is not enough to reach that conclusion.

What should my first enquiry describe?

Give a brief overview of the parties, their relationship and the transaction you want to discuss. Do not include bank details, agreements or sensitive financial documents through the form.