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As an Indian company, do you have to set up a subsidiary

Customer Question

As an Indian company, do you have to set up a subsidiary company in the US/Europe countries if you want to invest in real estate in those countries? Can you elaborate on the process/any major red flags/restrictions associated in such a transaction?
Submitted: 11 months ago.
Category: Tax
Expert:  Mark Taylor replied 11 months ago.

Hi, my name is Mark. I would be happy to help you with your questions. As an Indian Company you would be limited to either an LLC or a C-Corporation. Since you are investing in real estate an LLC would make the most sense. As a foreign member in a LLC, there is a 35% withholding rate on the taxable earnings of the LLC. You would also be subject to FIRPTA withholding on the sale of real property.