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Educational Establishment in India Educational Establishment in India

Educational Establishment in India - PowerPoint Presentation

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Educational Establishment in India - PPT Presentation

Financial amp Tax Considerations Contents Education Sector in India overview of regulatory framework Brief overview of certain key Indian financial and tax aspects pertinent to Foreign Educational Institutions ID: 135256

india foreign tax educational foreign india educational tax trust education institutions indian company bill investment institution act entry automatic

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Slide1

Educational Establishment in India

Financial & Tax ConsiderationsSlide2

Contents

Education Sector in India – overview of regulatory framework

Brief overview of certain key Indian financial and tax aspects pertinent to Foreign Educational Institutions:

Foreign Direct Investment (FDI) Regulations

Broad Indian Tax Framework

Other Tax Considerations Foreign Educational Institutions(Regulation of Entry and Operations) Bill, 2010 Setting up an Educational Institution in India – Alternative Entities

1Slide3

Education Sector in India Slide4

Regulatory framework

Kindergarten - 12

th (K-12)The CBSE/ ICSE and state board regulations broadly stipulate running of a K12 institution only as a trust or society.

Income from the trust, the' reasonable surplus’ (not defined) can be used for the development of the same institution and cannot be distributed as dividends.

There is no umbrella regulation of K-12 schools,

Though some states provide ‘for profit schools’, at least on paper these are still structured as non profit trusts in order to get recognition from certain bodies. Schools seeking affiliations with international boards such as IGCSE (International General Certificate of Secondary Education), may opt either for-profit company or a not-for profit trust, depending on state laws.Higher EducationHigher education has several regulatory bodies, including AICTE “All India Council for Technical Education” and UGC ”University Grants Commission “.

As education is a joint responsibility of the Central and State governments, some states have passed separate legislations on private higher education.

Foreign institutions (Proposed)

Entry of foreign educational institutions in India would be governed by the Foreign Educational Institutions Bill which proposes to grant university status to foreign institutes.

3Slide5

Foreign Direct Investment in Education SectorSlide6

Foreign Direct Investment (FDI) Regulations

Foreign investment in India is governed by the Foreign Direct Investment (FDI) policy announced by the Government of India (GOI) and provisions of the Foreign Exchange Management Act, 1999 (FEMA)

Under the FDI Scheme, investment can be made by a foreign investor in shares of an Indian Company, under two routes, namely:

Approval Route

Automatic Route

Under the automatic route, no approval of the GOI or the Reserve Bank of India is required

100% investment is permitted under automatic route in a company incorporated in India in the education sector

Source:

Press Note 7 (2008) and Press Note 2 (2005)

5

FDI in society/ trust may not be permissible under the automatic routeSlide7

Payment of Remuneration to Expatriate Faculty

Payments for current account transaction are permissible on an automatic basis, unless the same are specifically prohibited

Payment for consultancy services procured from outside India up to US$ 1 million per project is permitted on an automatic basis. Salary paid to a foreign citizen on deputation to a subsidiary /joint venture in India should be permissible to receive the whole

salary for the services rendered to the subsidiary/joint venture in India, outside India provided that income-tax is paid on the entire salary which accrues in India

6

Remuneration to expatriate faculty should be permissibleSlide8

Income-tax Act, 1961Slide9

Broad Indian Tax Framework

8

Tax

Rates

in India

Long term capital gainsexempt

(transfer on Indian stock exchange)

Short term capital gains

@

16.61%

or 15.84%*

(transfer on Indian stock exchange)

Long term capital gains @

22.15%

or 21.12%*;

Short term capital gains @

33.22%

or 42.23%*

Tax

on Sale

of

Shares

No PE^ in India – No corporate tax in India

Domestic company

@

33.22%

Foreign company

@ 42.23%

Corporate Tax Rates

Dividend

Exempt

(DDT^^ @

16.61% leviable

on distributor)

Interest

@ 21.12%*(or lower rate as per tax treaty)

Royalty@ 10.56%*(or lower rate as per tax treaty)

Tax on Repatriation

If investment is held for more than 1 year, then long term; else short term

^ PE – permanent establishment

^^ DDT – Dividend Distribution Tax

* Rates for Foreign companySlide10

Other Tax Considerations Slide11

Other Considerations

Canada

– India Tax TreatyPotential impact on taxation of services provided

Taxation of services provided by foreign individuals

The DTC is proposed to come into effect from 1 April 2011 in place of the current ITA

Impact on taxation of not for profit educational institutions

10Slide12

Foreign Educational Institutions (Regulation of Entry and Operations)

Bill, 2010 Slide13

The Foreign Educational Institutions (Regulation of Entry and Operations) Bill, 2010

The Human Resource Development Minister has released the Bill on 19

th April 2010 for regulating the entry and operation of foreign educational institutions in India. The Bill would become an Act if it is approved by the both houses of the Indian Parliament. Certain key highlights of the Bill are as follows:

To set up a campus in India, a Foreign Educational Institutions (FEI) should be recognized and notified by the Central Government as a foreign education service provider.

The FEI would need to submit an application to the Registrar, along with the specified documents to the effect that:

The FEI has been established and has been offering educational services for at least 20 years under the laws of Canada.Status of accreditation from the accrediting agency in Canada.The FEI has adequate financial and other resources for conducting the course in India.An undertaking that the FEI would maintain a corpus of not less than INR 500 Million ($12 million).  

12Slide14

The Foreign Educational Institutions (Regulation of Entry and Operations) Bill, 2010

The educational entity incorporated as an Indian Company (‘IC’) would need to offer and impart education programs in conformity with the standards laid down by the statutory authority enacted under the Central Act.

Up to 75% of the income received from the corpus fund can be used by the IC for the purpose of development of the educational entity in India. The balance unutilized income shall be deposited in the corpus fund.

Surplus in revenue generated in India (after meeting expenses in connection with operations in India) would need to be invested only for growth and development of the educational entity established in India.

FEI which are not notified by the Central Government which impart education leading to award of a certificate, not being a degree or diploma shall furnish a report of its activities in a format as may be specified

13Slide15

Setting up an Educational Institution

- Alternative Entities

14Slide16

Regulated by Society Registration

Act,1860

Minimum number of

members

required = 7

Main instrument of any society is the memorandum of association and rules and regulations

Profits cannot be taken out of the institution and have to be reinvested

Regulated by Indian Trust Act,1882/ State Trust Act

Trust may be created by every person competent to contract

Main instrument of any public charitable trust is the trust

deed.

Application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be

registered

Reserve Bank of India approval would have to be obtained to allow non residents/ foreign citizens as trustees

Governed by Indian Companies Act,1956

Main instrument is a Memorandum and

Articles

of

Association

The profits, if any, or other income must be applied for promoting the objects of the company

No dividend pay-out to its

members

Educational Institution

in

India – Possible Entity Structures

Not for Profit Company/ Section 25 Company

Alternatives available to set up the Foreign educational institution

Trust

Society

15Slide17

Company vis-à-vis trust/ society

Key

AttributesCompanyTrust/ Society

100

% Foreign Investment

PossibleNot PossibleReporting RequirementsReports to the Registrar of

Companies

Trustee has to submit budget to Charity

Commissioner

(‘CC’)Allowability of non residents/ citizens on the Board/ acting as trustees

No specific approval from exchange control required

to have non residents/ foreign citizens on the Board

Non residents/ foreign citizens acting as trustees would require

exchange control approval

.

Administration

No specific powers to Registrar

of Companies with regard to administration.

CC

is empowered to issue directions for proper administration of the affairs of the trust , the working of the trust is subject to inspection and supervision of CC

Foreign

Donations and Receipts

Registration

with the FCRA and yearly intimation of foreign donations and receipts

Registration

with the FCRA and yearly intimation of foreign donations and receipts

16Slide18

Contacts

Arvind

Vijh

416-643-8990

avijh@deloitte.ca

Rajiv Mathur416-643-8920rmathur@deloitte.caSlide19