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Tax Planning & Restructuring

Optimize your tax position through strategic planning and business restructuring with our expert advisory services. We help businesses and individuals reduce tax liability legally, choose optimal business structures, and implement tax-efficient reorganizations across India.

6000+

Happy Clients

14+

Years Experience

Free Consultation by Expert

6000+

Happy Clients

14+

Years Experience

Overview of Tax Planning & Restructuring

Tax planning involves arranging financial affairs within legal framework to minimize tax liability while maximizing compliance and business efficiency. Tax restructuring reorganizes business entities, ownership structures, or operations to achieve better tax outcomes, operational synergies, or strategic objectives.

What is Tax Planning?

Proactive strategy to optimize tax liability through legitimate means—timing of income and expenses, choosing appropriate business entity, utilizing deductions and exemptions, investment structuring, and salary vs. dividend planning. Unlike tax evasion (illegal), tax planning uses legal provisions to reduce tax burden.

What is Tax Restructuring?

Reorganizing business entities through mergers, demergers, slump sales, business transfers, converting partnership to company, or altering ownership structures. Objectives include tax efficiency, operational consolidation, succession planning, regulatory compliance, and preparing for fundraising or exit.

Types of Tax Planning:

Individual Tax Planning: Salary structuring, investment planning for deductions (80C, 80D, etc.), capital gains management, HRA and other allowance optimization, and family income distribution.

Business Tax Planning: Entity selection (proprietorship, partnership, LLP, company), depreciation and expense optimization, MAT credit planning, dividend distribution tax strategy, and transfer pricing for group companies.

Investment Tax Planning: Asset allocation considering tax implications, debt vs. equity structuring, holding company structures, and tax-efficient exit strategies.

Common Restructuring Scenarios:

Converting sole proprietorship to LLP/company, merging multiple companies, demerging business divisions, transferring business to family members, creating holding-subsidiary structures, and reorganizing before fundraising or acquisition.

Legal Framework:

Income Tax Act provisions (Sections 47, 80, 10, etc.), Companies Act 2013 for mergers/demergers, GST implications of restructuring, and stamp duty and registration laws varying by state.

Why This Matters - Tax Planning & Restructuring

Significant Tax Savings Strategic planning and optimal business structures can reduce overall tax liability by 15-30% or more annually through legitimate legal means.

Optimal Business Structure Choose entity type (proprietorship, partnership, LLP, Pvt Ltd) that balances tax efficiency, liability protection, compliance costs, and operational needs.

Regulatory Compliance Restructuring brings businesses into compliance with regulatory requirements, resolves legacy issues, and creates clean corporate structure for growth.

Succession Planning Tax-efficient transfer of business to next generation or key employees, minimizing estate taxes and ensuring smooth transition.

Improved Cash Flow Better tax planning improves working capital through advance tax optimization, tax credit utilization, and timing of tax payments.

Investor Readiness Clean, efficient corporate structures make businesses attractive to investors, ease due diligence, and potentially increase valuations.

Risk Mitigation Proper structures separate business risks, protect personal assets through limited liability entities, and create legal firewalls.

Group Synergies Consolidating group entities reduces compliance costs, enables tax loss utilization, optimizes resource allocation, and strengthens market position.

Registration Process of Tax Planning & Restructuring

Step 1: Comprehensive Business Analysis (1-2 Weeks) We review current business structure, tax position analysis over 3-5 years, ownership and shareholding patterns, operational and regulatory challenges, and future business plans and growth strategies.

Step 2: Tax Audit & Opportunity Identification (1-2 Weeks) Analyze current tax positions, identify missed deductions or exemptions, evaluate entity structure efficiency, assess transfer pricing implications, and benchmark against industry tax practices.

Step 3: Strategy Development (1-2 Weeks) Design optimal business structure, develop multi-year tax planning roadmap, identify restructuring opportunities, evaluate cost-benefit of various options, and create implementation timeline.

Step 4: Regulatory & Compliance Analysis (1 Week) Assess legal and regulatory requirements, evaluate stamp duty and registration costs, analyze accounting and reporting implications, and identify approvals needed (NCLT, ROC, shareholders).

Step 5: Financial Modeling (1-2 Weeks) Model tax impact of current vs. proposed structures, project tax savings over 3-5 years, calculate restructuring costs, and prepare detailed cost-benefit analysis and ROI projections.

Step 6: Proposal Presentation (1 Week) Present comprehensive restructuring proposal to management/board, explain tax savings and operational benefits, discuss implementation roadmap and timelines, and address concerns or modifications.

Step 7: Implementation Documentation (2-4 Weeks) Draft merger/demerger schemes, prepare board and shareholder resolutions, create valuation reports, file applications with authorities (NCLT, ROC, IT dept), and coordinate with auditors and valuers.

Step 8: Regulatory Approvals (2-6 Months) Obtain NCLT approval for mergers/demergers, secure IT department no-objection certificates, complete ROC filings, obtain creditor and shareholder approvals, and handle stock exchange filings if applicable.

Step 9: Execution & Transfer (1-2 Months) Execute share transfers or asset transfers, update ownership records, transfer licenses and registrations, complete banking and statutory changes, and file final regulatory intimations.

Step 10: Post-Restructuring Compliance (Ongoing) Ensure continuous tax compliance in new structure, monitor achievement of projected benefits, adjust strategies based on changing laws, and provide ongoing advisory for optimization.

Total Timeline: 3-12 months (planning 1-2 months; simple restructuring 3-6 months; complex mergers 9-12 months)

Documents Required of Tax Planning & Restructuring

Business & Financial Documents

  • Certificate of incorporation/registration
  • MOA, AOA, partnership deed
  • Last 3 years’ financial statements
  • Tax audit reports (if applicable)
  • ITR and tax computation for 3-5 years

Shareholding & Ownership

  • Current shareholding pattern
  • Share certificates and register
  • Shareholder agreements
  • Family tree (for succession planning)
  • Trust deeds (if family trusts exist)

Asset & Liability Details

  • Complete asset register
  • Property ownership documents
  • Loan agreements and schedules
  • Lease agreements
  • Intellectual property registrations

Tax Compliance Documents

  • Advance tax payment records
  • TDS returns and certificates
  • GST returns and filings
  • Transfer pricing documentation
  • Previous tax assessment orders

Operational Documents

  • Business licenses and permits
  • Major contracts and agreements
  • Employee count and payroll structure
  • Supplier and customer contracts
  • Related party transaction details

Banking & Finance

  • Bank account details (all entities)
  • Credit facility agreements
  • Investment portfolio statements
  • Inter-company loan documents
  • Foreign exchange transactions

Group Structure Details

  • Organization chart showing all entities
  • Inter-company transactions summary
  • Common directors and management
  • Consolidated financial information
  • Related party disclosures

Strategic Documents

  • Business plan and projections
  • Expansion or diversification plans
  • Investor pitch decks (if fundraising planned)
  • Succession plans or exit strategies
  • Previous consultant reports

Legal & Regulatory

  • Pending litigation details
  • Regulatory notices or orders
  • Previous merger/demerger documents
  • Board resolution authorizing planning exercise
  • Professional advisor appointment letters

Note: Comprehensive documentation enables thorough analysis and effective planning. Missing documents can be reconstructed or obtained during the engagement.

FAQ's on Tax Planning & Restructuring

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