RFP - Study of Setting up Indian entity (for Profit) and applicable Taxation implication.

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About the Organization

Handicap International Federation (HI) also known as Humanity & Inclusion globally, is an independent and impartial aid organization, created in 1982, working across 50 countries. HI works alongside the vulnerable populations, whatever the context, taking action to respond to their essential needs, improve their living conditions and promote respect for their dignity and fundamental rights. Present in India since 1988, LO permission granted in 1993. HI successfully implemented more that 20 country projects and 2 Regional projects.

About the Proposal

Objectives

The General Objectives are:

• To identify and define the process in detail to set up an entity able to implement lucrative activities.
• To identify the legal and fiscal requirement/constraints in India resulting from the implementation of lucrative actions
• To provide help desk support after the survey for the set-up of the recommendations

Detailed information are expected on the following:

Under objective 1:

• Advice on the most appropriate entity - for profit (Pvt Ltd) and/or section 8 company.
• Define the process in detail to set up the entity in India includes- Board members composition (Indian & Non-Indian), Shareholders, DIN, DSC, CIN and other statutory mandates. Also,

Under objective 2:

• with a profit company based out of India:
• Indian tax regulations (Direct & Indirect Taxes and GST) and implications applicable to HI's profit-making activities by delivering services in India and outside.
• Constraints as per Indian company Act, Foreign Exchange Management Act and Labour Act regarding the conduct of lucrative activities by HI on their territory. Expertise missions can be conducted from Nepal, Bangladesh, Sri Lanka and France. In this context, it is particularly expected to have a visibility on the following aspects:
• What legal and tax rules apply when there is a difference between the place where the service is provided and the place where the HR is located (e.g. service provided locally in India with expertise from the Lyon headquarters - France)
• Impact on HI's legal registrations in India and managing multiple entities (Trust, LO and Private Limited)
• Can an Indian company receiving the service in India transfer to a profit company based in France for the payment of the consultancy? if not what solution can be proposed
• Can a French company receiving the service in India transfer to a profit company based in France for the payment of the consultancy? if not what solution can be proposed
• Issue of VAT/GST recovery.
• With a profit company based in India:
• Tax implications in case of delivering services out of India and its management.
• Indian tax regulations (Direct & Indirect Taxes and GST) and implications applicable to HI's profit-making activities by delivering services in India
• Define management of profit earned by delivering services in India
• Impact on HI's legal registrations in India and managing multiple entities (Trust, LO and Private Limited)

Under objective 3:

• Provide advices, information based on request during the set-up of the entity or during the implementation of the lucrative activities.

More globally:

• The study should detail the actions to be initiated by HI Federation so that the association complies with legal and fiscal regulations of India;
• The recommendations made should be practical and pragmatic in view of India context and specificity of HI;
• The level of risk taken by the organization will have to be specified according to the various solutions proposed.

Duration

The duration of the mission should will be around 15 days. The service will be in India.

Deliverables

The expected deliverables are as follows

• A study report including, but not limited to
• A reminder of the methodology used;
• The different analysis;
• Recommendations, action plan
• All secondary datas
• Matrix of identified/possible risks and defined solutions
• Specific Case Studies
• An oral presentation to HI with question session.

How to Apply

• All documents and information as described in para 9.
• Our request and your quotation should be in compliance to the local law
• Only the authorized person of your organization should sign the proposal/Document and affix the official Rubber Stamp in authentication of the same.
• The Financial Proposal should have all detailed which includes applicable Tax, Payment Terms, Payment method and other cost if any.  
• The Proposal should be submitted in soft through email: procurement-india@india.hi.org.
• The proposal should reach to us on or before Monday, 05 December 2022. Proposal received after the due date will not be considered.
• Incomplete proposal will not be considered for evaluation.
• The validity period of the Proposal and terms and conditions thereof, if any should clearly be written and attached.
• Handicap International will be making payment on within 15 working days of receipt of the actual bills at designated place and acceptance thereof by it subject to necessary deductions as per applicable local Laws.  
• Handicap International reserves its right to accept or reject any proposal without assigning any reasons thereof whatsoever.
• Should you have any query, please write us back at procurement-india@india.hi.org.

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