Step-by-Step Guide to Entering the Indian Market for Australian Companies

We examine the key legal, regulatory, tax, and strategic considerations relevant to Australian companies planning market entry and business expansion in India in 2026.

The strategic and economic relationship between Australia and India has strengthened considerably in 2026, supported by the ongoing implementation of the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA). The progressive reduction of tariff barriers and expansion of bilateral trade cooperation have created a more conducive environment for Australian companies exploring commercial opportunities in India.

As market access continues to improve, Australian businesses are increasingly focused on establishing operationally efficient, compliant, and scalable structures within the Indian market.

Selecting the appropriate India market entry structure

Choosing the right legal entity is the foundational step in establishing operations in India. The optimal structure depends on the nature of business activities, tax considerations, operational flexibility, and long-term expansion plans.

Wholly Owned Subsidiary (WOS)

WOS remains the preferred route for most Australian companies entering India. Under this structure, the Australian parent company can hold 100 percent equity in the Indian entity.

Key advantages:

1. Separate legal identity
2. Operational flexibility across sectors
3. Suitable for manufacturing, trading, and services
4. Limited liability protection
5. Easier scalability for long-term expansion

Limited Liability Partnership (LLP)

An LLP is generally suitable for service-oriented businesses, consulting firms, and SMEs seeking lower compliance obligations.

Key advantages:

1. Reduced compliance costs
2. Operational flexibility
3. Hybrid structure combining partnership and corporate features
4. No Dividend Distribution Tax (DDT)

Branch Office (BO)

A BO is typically used for export-import activities, liaison functions, or research operations.

Key considerations:

• Restricted operational scope compared to subsidiaries
• Higher taxation rates applicable to foreign companies
• Less flexibility for commercial operations

GIFT City (IFSC)

For financial services, fintech, aircraft leasing, and fund management businesses, Gujarat International Finance Tec-City (GIFT City) presents a specialized opportunity.

Strategic benefits:

1. 100 percent tax exemption for 10 consecutive years within a 15-year block
2. US$-denominated operations
3. GST exemptions on qualifying services
4. Simplified repatriation mechanisms
5. Unified regulatory approvals introduced in 2026

India’s digital-first incorporation framework in 2026

India’s incorporation framework has been streamlined through digital integration under the Companies Incorporation Amendment Rules, 2026.

Step 1: Obtain digital and director identification credentials

Foreign directors are required to secure the following before incorporation:

• Digital Signature Certificate (DSC): Used for digitally signing statutory filings and incorporation documents.
• Director Identification Number (DIN): A mandatory identification number for directors. As of 2026, incorporation filings may include DIN allotments for up to five directors.
• Resident director requirement: Indian company law requires at least one director to qualify as an Indian resident, meaning the individual must have stayed in India for at least 182 days during the preceding financial year.

Step 2: Incorporation through the SPICe+ portal

The Ministry of Corporate Affairs (MCA) has consolidated multiple registrations into the integrated SPICe+ system.

The SPICe+ process includes the following:

1. Company name reservation
2. Incorporation filing
3. e-Memorandum of Association (e-MoA)
4. e-Articles of Association (e-AoA)
5. PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number)
6. Employee Provident Fund Organization (EPFO) registration
7. Employee-State Insurance Corporation (ESIC) registration

This integrated system substantially reduces procedural delays and administrative complexity.

Step 3. Post-incorporation requirements and regulatory compliance

Following issuance of the Certificate of Incorporation, businesses must complete several critical operational and regulatory steps.

Foreign direct investment (FDI) reporting

Most sectors in India permit 100 percent foreign ownership under the Automatic Route.

However, companies receiving foreign investment must issue shares to the foreign parent entity, file Form FC-GPR (Foreign Currency – Gross Provisional Return) with the Reserve Bank of India (RBI) through the FIRMS portal, and complete filing within 30 days of share allotment.

Also Read: What is India’s FDI Outlook for 2026? Key Policy Changes, Sectors, and Trade Deals

GST registration

Registration under the Goods and Services Tax (GST) framework becomes mandatory once turnover exceeds prescribed thresholds, generally ranging between INR 2 million and INR 4 million depending on the nature and location of business activities.

Labor law compliance and taxation relief

India’s four consolidated labor codes are now operational across most jurisdictions.

Key areas include national floor wage compliance, fixed-term employment (FTE) provisions, digital labor filings through the Shram Suvidha portal, and mandatory EPFO and ESIC registrations.

The new framework is intended to simplify employment compliance while improving workforce flexibility.

Taxation framework for Australian businesses in India

India’s corporate tax framework continues to remain competitive for foreign investors and multinational businesses establishing operations in 2026. Australian companies entering India can benefit from regional concessional tax regimes, sector-specific incentives, and tariff advantages under the AI-ECTA.

Corporate tax rates

Regional market entry strategy: Choosing the right state

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Identify the right state for your operations and tap into key sectoral incentive policies.

India’s investment environment varies considerably across states, making location strategy a critical aspect of market entry planning. Factors such as industrial specialization, logistics infrastructure, labor availability, regulatory support, and incentive policies differ significantly by region.

Gujarat

Gujarat has emerged as one of India’s most prominent industrial and manufacturing hubs, particularly for semiconductors, green hydrogen, and chemical manufacturing. The state offers strategic logistics connectivity, large industrial corridors, and a rapidly developing semiconductor ecosystem.

Tamil Nadu

Tamil Nadu remains a leading destination for electronics manufacturing, electric vehicles, and renewable energy projects. Supported by a mature automotive ecosystem, strong export infrastructure, and large-scale electronics clusters, the state continues to attract global manufacturers seeking integrated supply chain capabilities.

Karnataka

Karnataka, led by Bengaluru’s technology ecosystem, is particularly suited for SaaS, artificial intelligence, aerospace, and biotechnology businesses. The state offers a strong innovation environment, advanced research and development infrastructure, and access to a highly skilled technology workforce.

Maharashtra

Maharashtra continues to serve as India’s financial and commercial gateway. Mumbai remains the country’s leading financial center, while Pune has evolved into a major hub for advanced engineering, pharmaceuticals, automotive manufacturing, and fintech operations. The state also provides strong access to capital markets and institutional financing.

Andhra Pradesh

Andhra Pradesh has positioned itself as an emerging destination for agri-tech, critical minerals processing, and port-led industrial development. Investor-friendly industrial policies, expanding logistics infrastructure, and ongoing Ease of Doing Business reforms have strengthened the state’s attractiveness for export-oriented industries.

Operational and sector-specific considerations

Professional services and talent mobility

The implementation of Mutual Recognition Agreements (MRAs) under AI-ECTA has improved mobility and market access for Australian professionals in sectors such as architecture, engineering, and accounting. These arrangements reduce certification and licensing barriers, enabling Australian-qualified professionals to operate more efficiently within the Indian market.

Digital services and online gaming

Businesses operating in digital media, esports, gaming, and online platforms should carefully assess compliance obligations under India’s Online Gaming Act 2025. The framework requires registration with the Online Gaming Authority of India (OGAI) and imposes restrictions on real-money gaming models. Companies operating in this space must ensure their business structures align with permitted skill-based or subscription-led models and comply with evolving digital platform regulations.

Recommended market entry strategy for Australian firms

A phased and strategically structured market entry approach is generally recommended for Australian businesses entering India.

Companies should begin with sector-specific market assessment and partner identification to better understand regional demand, regulatory conditions, and operational feasibility. Engagement with the Australia-India Business Exchange (AIBX) and relevant state industrial authorities can further assist in identifying investment incentives and local business opportunities.

Once the preferred market and operational structure are finalized, businesses can proceed with incorporation through India’s SPICe+ framework and appoint a resident director to facilitate banking, compliance, and local administrative formalities.

Increasingly, Australian companies are adopting a gradual “market-testing” approach by initially partnering with Indian distributors, joint venture partners, or channel networks before scaling into a full WOS structure. This phased expansion strategy allows businesses to evaluate commercial viability while reducing early-stage operational risk.

Setting up a business in India requires navigating company registration, local approvals, and work permit processes. We help FDI companies by preparing and submitting documentation, coordinating with authorities, and ensuring compliance, so they can start operations smoothly and focus on growth.

Parul Sharma

Manager

Talk to an expert at India@dezshira.com

Or request a consultation at +91 0124 4001785 ext. 205

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