Indians Pay Attention!!!

Discussion in 'Legal Issues' started by -Abhishek-, May 16, 2006.

  1. #1
    Fellow Indians,
    I have a suggestion for you all. DO NOT bring your money home by any false procedures. Remember you are handling foreign transactions and aint no joke. Follow a shortcut procedure and you might fall into violation of FEMA act which is NON-BAILABLE.

    And if you dont get what I am saying its time to read some stuff for yourself -
    http://www.indiaitlaw.com/softexplaw.htm

    Remember one thing - If you do not have a IEC number you are doing foreign services ILLEGALY. No exceptions.

    DO NOT! again I say DO NOT! use XOOM.COM for transfering your funds. First of all you should know what are the methods you should NOT use for transfers -
    1. Western Union
    2. Money Gram
    3. XOOM.COM
    4. Cash2India
    5. Any ATM Debit card

    These methods are mainly done for NRI Indians who want to send funds to their relatives or loved ones to India fast. They are meant for PERSONAL money transfer only and *NOT* for any business deals.

    Always remember one basic thing - Whatever Funds you are bringing in it should hit your business bank account first. If you are doing business in your own name then the funds should come right to your savings bank account. No exceptions. Whatever bank it may be but it must be a bank.

    The 2 legal ways that you can use are -
    Wire your money to your bank account.
    Bring a check (eg. Paypal Check) and deposit it to your account.

    And when your bank account gets funds from foreign banks remember they are reported to RBI as a bank's policy. RBI -> Reserve Bank of India.

    So, keep your IEC code number handy and try to submit the softex forms (if you are into serious business you must!)

    To get the IEC code you have to visit the Office of the Director General, Foreign Trade in your city. You have to buy a form for application of IEC code. To submit the form you will need 2 mandatory things
    1. PAN card
    2. Your Banker's Ceritificate ( The format you will get in the application form).
    Your Bank will certify your account in their letterhead.
    It takes around 15-20 days to get the code if everything is ok.

    The difference between Wire/Check and WU,Cash2India is very simple. As I said earlier a legal money enters your bank account first and does not fall cash in your hand. WU etc all deliver you cash which means ... the RBI has actually no trace of it. Wire and check will never give you cash. They will be credited to your bank account which means that is a legal money and you have to pay the taxes for it.

    To increase the potential of your business do everything through your bank account and not via cash. You may have to wait for a few days to get funds or may loose some fees but I tell you the legal side is worth it.

    Now most people think that PayPal sends check to you in Indian currency, but please understand that PayPal is just your source of fund, still it is a foreign transaction.So at the end of the year put all the Xerox copies of the received checks and take out a print out of your all year long paypal statement. File them up. Proceed to STPI, fill out a Softex form and submit it. Done. The IEC code is needed when you submit the softex form and believe me its not so comlicated as you are thinking. Moreover you will get Tax exemption on foreign revenue.
    Its true we do not get enough time to do all this but official formalities to keep ourselves completely legal and clean.
    Just remember one basic thing if you DO NOT have a IEC number you are not elligible to give * any * foreign service or consultation or anything.
    If you are doing it you are doing it unofficially and if you want to keep it unofficial you can always keep it.
    I do know a lot of guys who work like this and has been working like this for years...
    well i have mentioned the rules and regulations andit now depends entirely on you what will you do.
    I have been working on this post and stuff, for a long time now.
    this post was made by a friend in another forum! So read on!
    I had a talk with STPI and here is the news (you all get excited)

    1. The IEC number is MUST for just anyone!!!
    2. Softex forms are to be deposited only if your Invoice Amount exceeds 25000 USD for a single project. If your invoice amount is below 25000 USD it is NOT MANDATORY to submit.

    Regarding payment options they only mentioned that Bank Wire is the safest and most trusted method.

    here is a list of STPI offices and I will recommend everyone to contact over telephone and get the info and put them here...

    http://www.stph.net/contact/ocenters.html

    Ok, one more thing, if you are into serious business like me and your invoice amount goes above 25000 USD, then fill the softex form and register your UNIT with STPI and get a green card (thats what they call it), once you have done that you can enjoy a tax holiday!

    Cost for IEC code - Rs 1000.00
    Cost of Softex - Nil

    So, the moral of the story is, its better to follow the rules then to say a "sorry" later.

    Hope it helps, Do rep me :D if it really did :)
    Regards,
    Abhishek
     
    -Abhishek-, May 16, 2006 IP
  2. NetMidWest

    NetMidWest Peon

    Messages:
    1,677
    Likes Received:
    151
    Best Answers:
    0
    Trophy Points:
    0
    #2
    Good post, Abhishek. I am not Indian, but that sounds like good advice.
    From the other end of things, is there a way to check a person/company to see if they have an IEC number, or if it is valid? I have a project I am considering outsourcing later, once I have the basics set up, and would prefer to know I am dealing with someone legit - here or there.
     
    NetMidWest, May 16, 2006 IP
  3. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Well unfortunately this cannot be done,
    IEC aka Import Export Code sort off gives a company or an individual a right to Import/Export Foreign Exchange Goods or Services and doesn't prove to be an identity or something.
    If you are really interested in Outsourcing a Project I would like you to take the following point into consideration!
    • The Company/Individual's Portfolio
    • If you go via a Freelance site, then their reviews and ratings
    • Their history of sticking to the timeframe
    • If they claim to be a company, enquire if they are registered.
    • How long have they been into business
    • The quality of the bid/quote that you receive from them, as I have seen people bid on SEO projetcs for 50$ within a timeframe of 7 days, this is practically impossible! but webmasters somehow give them the project and legit bidders like me lose the work
    • Lastly stay away from Company/Individuals who flood your PM/mail boxes offering services or offering to do better work or something along the likes
    The above guidlines should help you while outsourcing your project!
    Thanks,
    Abhishek
     
    -Abhishek-, May 16, 2006 IP
  4. Fahd

    Fahd Well-Known Member

    Messages:
    2,152
    Likes Received:
    44
    Best Answers:
    0
    Trophy Points:
    100
    #4
    I let my CA worry about these things for me!
     
    Fahd, May 16, 2006 IP
  5. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #5
    Everyone cannot afford a CA! And individuals absolutely cannot!
    India is a paradise of outsourced work!
    And here it gets done at a dirt price without hampering the quality! So unfortunately we have to worry about these things :)
    Abhishek
     
    -Abhishek-, May 16, 2006 IP
  6. anjanesh

    anjanesh Well-Known Member

    Messages:
    344
    Likes Received:
    7
    Best Answers:
    0
    Trophy Points:
    165
    #6
    This Rs 1000 for the IEC code is a one time payment ? Would one need to pay tax after getting the IEC code even for a project as low as $100 ?

    Also, do these rules apply to freelancers as well ? Or only to registered firms ?
     
    anjanesh, May 16, 2006 IP
  7. amitpatel_3001

    amitpatel_3001 Results Follow Patience

    Messages:
    14,074
    Likes Received:
    1,178
    Best Answers:
    0
    Trophy Points:
    430
    #7
    Thanks for the gr8 info abhisekh.
    I normally get paid by paypal only.
    But till date i have asked my clients 2 times to pay me by xoom as i wanted the money instantly and didnt want to get fraud money from the new clients.
    Will see to it that i never use xoom again.
    Thanks
     
    amitpatel_3001, May 16, 2006 IP
  8. neoms

    neoms Peon

    Messages:
    748
    Likes Received:
    42
    Best Answers:
    0
    Trophy Points:
    0
    #8
    Great Post... Abhishek...
     
    neoms, May 16, 2006 IP
  9. The Webmaster

    The Webmaster IdeasOfOne

    Messages:
    9,516
    Likes Received:
    718
    Best Answers:
    0
    Trophy Points:
    360
    #9
    Abhishek, First of all, a very good post, thanks for sharing.

    Now, tell me did you make this post just to get few Rep points? or to contribute to DP?
    If you take my advice, Never, I repeat, Never ever ask for rep, If people will find your post useful they will rep you.
     
    The Webmaster, May 16, 2006 IP
  10. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #10
    Yes 1000Rs, is only for the form that you fill and give ...it requires you to have a PAN Card too!!!
    If you have an IEC, you can pay your taxes and become a respected freelancer :)
    You can Pay the taxes on an average ....by filing in the returns ...
    I am only 16., but owing to the work I do , I have an IEC in the name of my mother, and also file the tax returns regularly!
    Dude Indian authorities are known to change their minds, one order comes and they may start hunting for people without IEC and all!
    So better be safe than sorry!
    In India IT Jobs, are exempted from Service Tax, but Income Tax does apply on every individual! So start getting your IECs!
    Abhishek
     
    -Abhishek-, May 16, 2006 IP
  11. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #11
    That was just a joke bro , notice the ":D " after it !!!
    My Post was in the Pure sense of contribution to DP!
    I have Posted this on other forums too! and it's just a contribution to the community!
    Sorry! and Thanks!
    Abhishek
     
    -Abhishek-, May 16, 2006 IP
  12. The Webmaster

    The Webmaster IdeasOfOne

    Messages:
    9,516
    Likes Received:
    718
    Best Answers:
    0
    Trophy Points:
    360
    #12
    :D doesnt always work, I hope you know what I mean.
     
    The Webmaster, May 16, 2006 IP
    onedollar likes this.
  13. Fahd

    Fahd Well-Known Member

    Messages:
    2,152
    Likes Received:
    44
    Best Answers:
    0
    Trophy Points:
    100
    #13
    Red reps are not so bad now since the cost system was implemented!
     
    Fahd, May 16, 2006 IP
    onedollar likes this.
  14. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #14
    Yup got it !! But am still on my point!
    Abhishek
     
    -Abhishek-, May 16, 2006 IP
    carowan likes this.
  15. sarathy

    sarathy Peon

    Messages:
    1,613
    Likes Received:
    76
    Best Answers:
    0
    Trophy Points:
    0
    #15
    Wow An Excellant post Abishek :)
     
    sarathy, May 19, 2006 IP
    onedollar likes this.
  16. onedollar

    onedollar SEO Consultant for Hire

    Messages:
    3,481
    Likes Received:
    333
    Best Answers:
    0
    Trophy Points:
    0
    #16
    some good info here, Abhishek:)
    You mentioned
    are you sure on this? I don't think this is the case as there is some ambiguity here it seems:)
     
    onedollar, May 20, 2006 IP
    maldives, westhaven and irka like this.
  17. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #17
    No they are, Recently Call Centres were included, but then again the Service Tax was raised to 12% but IT job weren't included!
    Abhishek
     
    -Abhishek-, May 20, 2006 IP
    westhaven likes this.
  18. westhaven

    westhaven Well-Known Member

    Messages:
    3,936
    Likes Received:
    452
    Best Answers:
    0
    Trophy Points:
    195
    #18
    -Abhishek- Good post and repped you :)
     
    westhaven, May 20, 2006 IP
    onedollar and maldives like this.
  19. -Abhishek-

    -Abhishek- Regaining my Momentum!

    Messages:
    2,109
    Likes Received:
    302
    Best Answers:
    0
    Trophy Points:
    0
    #19
    Thanks mate,
    This info is very vital, considering the fact that authorities can even goto the extent of banning you from providing any further services!
    So please DONOT... I repeat DONOT ignore this!
    Abhishek
     
    -Abhishek-, May 20, 2006 IP
    Jat likes this.
  20. Mr Crow

    Mr Crow Peon

    Messages:
    1,099
    Likes Received:
    77
    Best Answers:
    0
    Trophy Points:
    0
    #20
    wow , very interesting post! Its amazing to hear that India has the bureocracy (spelling) like we do in the USA.

    I think it was a really good and helpful post to your fellow countrymen ..

    Good Job Sir
     
    Mr Crow, May 20, 2006 IP
    onedollar likes this.