India · Smart Global Capital

Private wealth: foundations and trusts: India

Asset protection starts with a permitted legal form and real governance. Private wealth may use an Indian private trust, holding company, LLP, will and family governance; GIFT IFSC offers a separately regulated Family Investment Fund route in a permitted legal form.

01Available instruments
02Legal constraints
03Governance and succession
04Banking perimeter

01

Available instruments

Private wealth may use an Indian private trust, holding company, LLP, will and family governance; GIFT IFSC offers a separately regulated Family Investment Fund route in a permitted legal form

02

Legal constraints

A private trust is not a regulated fund, while a GIFT IFSC Family Investment Fund must meet IFSCA registration, participant, investment and management rules. FEMA, residence, control, beneficiaries, tax and asset location are tested for every model

Private wealth: foundations and trusts

Asset protection starts with a permitted legal form and real governance. Private wealth may use an Indian private trust, holding company, LLP, will and family governance; GIFT IFSC offers a separately regulated Family Investment Fund route in a permitted legal form.

03

Governance and succession

Registered-office, resident-director, accounting, audit, beneficial-ownership and annual-filing duties continue after formation; board process, people, contracts, GST, payroll and licences should reflect the actual business. Company formation runs through MCA and the integrated SPICe+ form for name reservation, incorporation, DIN, PAN/TAN and linked registrations; foreign shareholder documents require the applicable notarisation, apostille or consular authentication.

04

Banking perimeter

A corporate account and cross-border operations are structured through an RBI-regulated bank, with foreign exchange handled through an authorised dealer; GIFT IFSC and payment services have separate regulatory regimes and authorised-institution lists. The bank reviews the company, PAN and applicable registrations, UBOs, directors, FDI and FEMA records, source of funds, contracts, address, business purpose, countries, projected payments and consistency with the declared profile.

05

Tax map

The corporate burden depends on status and elections: a domestic company compares the ordinary regime with sections 115BAA and 115BAB, as well as surcharge, cess, MAT, incentives, withholding, transfer pricing and treaty eligibility. Residence and the scope of taxable income depend on presence days and special categories including RNOR; rates, capital gains, foreign assets, reporting and treaty relief are calculated from the facts.

FAQ

FAQ

Where should a private wealth: foundations and trusts project in India start?

Private wealth may use an Indian private trust, holding company, LLP, will and family governance; GIFT IFSC offers a separately regulated Family Investment Fund route in a permitted legal form

Can formation or account opening be guaranteed?

This material is general information. Formation, licensing, tax outcomes and account opening depend on the facts and the decision of the competent authority or financial institution.

Why are tax and banking reviewed together?

The corporate burden depends on status and elections: a domestic company compares the ordinary regime with sections 115BAA and 115BAB, as well as surcharge, cess, MAT, incentives, withholding, transfer pricing and treaty eligibility. The bank reviews the company, PAN and applicable registrations, UBOs, directors, FDI and FEMA records, source of funds, contracts, address, business purpose, countries, projected payments and consistency with the declared profile.

Related routes

Company formation
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Bank accounts and private banking
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GIFT City IFSC funds and licensing
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FEMA and cross-border payments
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Relevant practice
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Official sources

Legal review

This material is general information. Formation, licensing, tax outcomes and account opening depend on the facts and the decision of the competent authority or financial institution.

01

Ministry of Corporate Affairs — company incorporation

India: Private wealth: foundations and trusts

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Smart Global Capital

Private wealth: foundations and trusts: India

Asset protection starts with a permitted legal form and real governance. Private wealth may use an Indian private trust, holding company, LLP, will and family governance; GIFT IFSC offers a separately regulated Family Investment Fund route in a permitted legal form.

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