GCC Tax Laws

ReinHeads operates in the U.A.E., Bahrain and Oman in association with affiliated firms and provides an array of taxation and allied services to various clients

• Implementation Support: Assisting clients in a smooth-transition to the VAT and CT regime by guiding them on tax implications arising out of business transactions, agreements etc.; identifying transition issues; suggesting changes in accounting or IT systems etc.
• Advisory: Rendering advise on critical as well as day-to-day tax or ancillary issues under retainer, hourly or on fixed assignment basis
• Diagnostic Review: Identifying gaps in the tax positions; Suggesting changes in operating/ business models to mitigate VAT and CT exposures; assessing the adequacy of documents, information etc. for audit preparedness
• Compliances: Commenting on the feasibility of obtaining group registration; assisting clients in obtaining or cancelling registration, assistance in tax computation; preparing and submitting return etc.
• Refund Assistance: Reviewing the documentation for submitting refund claims; preparing reply to queries raised by the tax department.
• Representation: Seeking suitable clarifications/ amendments/ exemptions for and on behalf of clients/ client industry
• Training: Imparting training to client’s team for building their capacity in handling day-to-day VAT and CT issues/ compliances etc.

Data Protection Laws

Contours of Data Protection Laws

• Wide definition of sensitive personal data
• Data localization requirements
• Excessive liability for non-compliance
• Periodic review of stored personal data
• Constitution of Data Protection Authority
• Wide applicability
• Requirement of notice and consent

How can we help businesses?

• Implementing a Privacy ecosystem for the organisation located in India, EU and elsewhere
• Data Protection Impact Assessment (DPIA)
• GDPR Implementation
• Data Protection Toolkit
  Draft Agreements | Develop security and privacy best practices, policies and standards | Day to day advisory
• Incident Management System
• Deliver trainings, workshops, privacy essentials to the personnel

Dispute Resolution

The Firm has vast experience in providing litigation and dispute resolutions services in the field of Constitution, Contracts, Property and Taxation laws.

The litigation team of ReinHeads consists of seasoned attorneys who have represent clients before the Supreme Court, High Courts, Tribunals and other judicial forums.

The team also provides specialized services of arbitration and reconciliation to their clients.

The Firms’ litigation practice covers:

• Advising on strategy and way forward for on-going or potential litigation
• Preparing legal notices, plaints, suits, appeals, writ petitions etc. as well as replies/ rejoinders thereto
• Representing clients before Courts, Tribunals and other judicial/quasi-judicial forums on a PAN India basis
• Briefing senior counsels in high-stake/ critical matters

Alternate Dispute Resolution (domestic as-well as international):

• Arbitration: Assisting in appointing arbitrators and representing clients in arbitration proceedings
• Mediation: Advising and strategizing on mediation process; finding an independent mediator to help resolve conflicts; representing clients before mediators; developing workplace mediation schemes
• Conciliation: Assistance in finding an amicable solution for litigating parties

Corporate and Commercial Legal

The team at ReinHeads has significant experience and expertise in providing day-to-day commercial and corporate legal services in the light of business needs

• Advising on policies, laws and regulations in relation to governmental and regulatory compliances and approvals
• Advising on set-up strategies (i.e., setting up of Company, Branch, Liaison Office, Project Office, Limited Liability Partnership etc.) and obtaining approvals from the concerned regulatory bodies
• Advising on matters related to Intellectual Property Matters (‘IPR’) such as IPR protection mechanisms, IPR infringement actions, IPR registrations etc.
• Drafting of agreements, policies including shareholder, joint venture, technology transfer, business transfer, franchise, online terms of use etc.
• Advising on corporate reorganization and restructuring including mergers, acquisitions, slump sale etc.
• Conducting vendor and target legal due-diligences

Legal Services for Start-ups

During the growing phase, it may not be feasible for start-ups to hire a full-time General Counsel (GC). We can act as your virtual GC and help safeguard your business interests. Services of virtual GC typically covers:

• Acting as a dedicated virtual in-house counsel for advising on strategic as well as day-to-day legal matters
• Advising on eligibility for obtaining tax incentives including obtaining startup registration with the concerned Ministry
• Advising on obtaining registrations/ permissions under relevant laws
  Reviewing legal contracts/ terms of service and providing templates for routine agreements (e.g., non-disclosure, employment, vendor agreements etc.)
• Preparing and submitting reply to legal notices received from authorities, third-parties etc.
• Providing timely updates on applicable laws and changes in legal positions, if any

Fund Raising

An experienced team can assist you with fundraising, i.e.

• Participating in the negotiations from legal standpoint
• Preparing term-sheet
• Drafting shareholder agreements
• Undertaking requisite secretarial compliances

Exchange Control and Regulatory Matters

• Advising on entry strategies under Foreign Direct Investment Policies
• Advising on outbound investments by Indian Companies (specifically in the GCC region)
• Assistance in preparation and filing of applications/ returns/ forms with the Regulators
• Obtaining approvals from regulatory bodies

OIDAR Representation

Under certain tax (e.g. GST, Corporate Income Tax etc.) and other regulatory laws persons located outside India need to appoint a representative/ agent in India for compliances, reporting, return and other purposes. ReinHeads can act as representative/ agent of such persons. We can show your presence in India at our office premises located in Delhi/ NCR.

International Taxation

• Advising on tax implications of cross border transactions and foreign remittances, including advise on withholding tax provisions, applicability of Double Taxation Avoidance Agreements (DTAAs) and the Multi-Lateral Instrument (MLI) as well as specific / general anti avoidance regulations
• Applying for and obtaining advance rulings with the objective of pre-empting the tax implications of any proposed cross-border transaction / arrangements
• Advising multinational enterprises on international holding structures for the purpose of carrying on business in India (inbound structuring) and similarly advising Indian groups on carrying on business outside India (outbound structuring)
• International tax dispute resolution

Transfer Pricing

• Assistance in Transfer Pricing (TP) documentation for international / domestic transactions including preparation and maintenance of Local File, Master File and CbCR
• Assistance in obtaining TP Certification as required to be furnished with respect to international / domestic transaction
• Undertaking TP planning study for proposed related party transactions, for determining Arm’s Length Price (ALP) of proposed transaction with an Associated Enterprise (AE), to ensure that appropriate margins are agreed upfront to comply with TP regulations
• Representation in assessment and appellate proceedings including proceedings before the Income Tax Appellate Tribunal (ITAT) and the Dispute Resolution Panel (DRP)
• Assistance in undertaking consultations with Revenue authorities on Mutual Agreement Procedure (MAP) for TP disputes and Advance Pricing Agreement (APA) proceedings. These proceedings help in resolving long standing disputes with tax authorities and providing future certainty with respect to transactions with AEs
• Advising on safe harbour regulations, thin capitalization rules and secondary adjustment norms under TP provisions
• Assisting clients on value and supply chain management from a TP Perspective. This entails designing of pricing arrangements through supply chain, keeping in mind the substance embedded within respective entities, as against artificial allocation of functions, assets and risks

Corporate and Exchange Control Regulations

India has an elaborate regulatory framework that governs areas such as setting up a business presence in India, infusion of equity capital / borrowed funds, cross border remittances, obtaining of prior approvals for specified transactions, reporting mechanism, valuation for issuance / transfer of shares, buy-backs, capital reductions, mergers and demergers, inter-corporate loans, etc.

Our team of experts is well equipped to advise you on implications under these regulations, and in assisting you with your compliance obligations.

Our key offerings in the domain of Corporate and Exchange Control Regulations, are:

• • Advising on India entry strategy, including the alternative entity forms in India and choice of capitalization models (such as, equity capital / preference capital / foreign currency debt / rupee denominated borrowings / convertible or hybrid instruments / notes).
  • Assistance in setting up India business presence, by way of a Private Limited Company, Limited Liability Partnership, Branch Office, Liaison Office, etc
  • Advising on outbound investments by Indian headquartered businesses
  • Assistance in preparation and filing of applications / returns / forms with the Regulators, and obtaining approval for transactions such as setting up under approval route, mergers, demergers and other corporate arrangements

Transaction Support Services

• Buy side/ sell side advisory services in M&A situations (target / buyer identification, partner searches, negotiations and deal implementation)
• Advice on key transaction aspects throughout the deal cycle
• Assistance in PE/ VC fund raising initiatives
• Conceptualizing and developing capital and business restructuring initiatives
• Step by step implementation support
• Post transaction support on key tax, accounting and regulatory issues
• Valuation of business / shares for regulatory purposes, and for the purpose of merger / de-merger / slump sale
• Negotiation support
• Tax and Legal due diligence
• Support for financial due diligence
• Legal documentation
• Deal implementation and project management
• Post transaction support