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Why do I need an Indian Pvt. Ltd. subsidiary?

Under the US TopCo structure, an Indian Pvt. Ltd. subsidiary is required to onboard employees in India, and give them ESOPs. It also negates the Permanent Establishment (PE) risk, which arises once significant operations are taking place in India, along with management presence.

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Check your EIN confirmation letter (CP 575) first. If that is gone, look at a previously filed tax return, a business bank account application, or any 1099 you have issued. Your bank or your payroll provider will also have it on file.

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