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Transfer Pricing Services in India for Foreign-Owned Subsidiaries

Every payment, sale, loan or service between your Indian subsidiary and its foreign parent must be priced at arm's length. We run the transfer pricing study, benchmark it against Indian comparables, prepare the documentation, get the accountant's report (Form 48, formerly Form 3CEB) certified and filed, and advise on safe harbour and APAs — under the Income-tax Act, 2025 and the Income-tax Rules, 2026.

MCA RegisteredRBI Compliant20+ Countries Served
36 minBy Priyanka KhuranaReviewed by Dev RaoUpdated Sep 2026
150+ Clients Served20+ Countries98% Client Retention7 Days Avg. Setup TimeReviewed by Dev Rao, Chartered Accountant & Priyanka Khurana, Company Secretary
36 minLast updated September 26, 2026

If your Indian subsidiary has any transaction with its foreign parent or another group company, Indian transfer pricing law applies to it — there is no minimum size. Every such international transaction must be priced at arm's length under section 161 of the Income-tax Act, 2025 (section 92 of the Income-tax Act, 1961), and every company that has one must file an accountant's report — Form 48 (formerly Form 3CEB) — at least one month before its return due date. Full documentation (the transfer pricing study) is compulsory once the year's international transactions exceed ₹1 crore in the books.

For tax year 2026-27, the first year under the new law, that means the report is due by 31 October 2027 and the return by 30 November 2027. For FY 2025-26, which is being filed now under the 1961 Act, the report falls due on 31 October 2026 unless the Central Board of Direct Taxes (CBDT) extends it.

Beacon Filing is the transfer pricing team for foreign-owned Indian companies: captive software and IT-enabled services centres, global capability centres (GCCs), distributors of a parent's products, contract manufacturers and subsidiaries that pay management fees or royalties abroad. We map the intercompany transactions, run the functional analysis and benchmarking, write the study, have the accountant's report certified, handle the master file and country-by-country (CbCR) intimations where they apply, and tell you plainly whether a safe harbour election or an advance pricing agreement (APA) would serve you better than benchmarking every year.

Need help with this?

Schedule a free consultation with our team. We will walk you through the process, timeline, and costs specific to your situation.

How It Works

Step-by-Step Process

A clear, predictable path from inquiry to completion.

01

Scoping call and transaction map

We list every international transaction the Indian entity had with its associated enterprises during the tax year — services billed to the parent, management or group-service fees paid, royalties, purchases and sales of goods, intercompany loans, guarantees, cost allocations and reimbursements — and confirm which group companies are associated enterprises under section 162 of the Income-tax Act, 2025 (section 92A of the Income-tax Act, 1961). We also check whether the ₹1 crore documentation threshold is crossed and whether master file or CbCR obligations apply to the group.

1 week
02

Functional analysis (FAR) and characterisation

Interviews with the Indian management and the group finance or tax team to record the functions performed, assets used and risks borne by each party. The output is the characterisation that drives everything else — for example a low-risk captive software service provider, a limited-risk distributor, or a contract manufacturer.

1-2 weeks
03

Method selection and benchmarking study

We test the prescribed methods under rule 79 of the Income-tax Rules, 2026 — CUP, resale price, cost plus, profit split, TNMM and the 'other method' in rule 78 — pick the most appropriate method against the rule 80 factors, and run a comparable-company search with documented accept/reject screens. Where six or more comparables remain, we build the 35th–65th percentile range under rule 81.

2-3 weeks
04

Transfer pricing study (local documentation)

We write the documentation that rule 84 requires to be kept — ownership structure, group profile, business and industry description, the transaction terms, FAR analysis, the methods considered and rejected, the comparables and working, and any adjustments — so that it exists before the report's specified date and can be produced within the ten days allowed on a notice under section 171(2).

1-2 weeks
05

Accountant's report — Form 48 (formerly Form 3CEB)

The accountant's report under section 172 of the Income-tax Act, 2025 (section 92E of the Income-tax Act, 1961) is prepared, reconciled to the audited accounts and the study, certified by a chartered accountant and uploaded on the e-filing portal. For tax year 2026-27 it is Form No. 48 under rule 85, due one month before the return due date. For FY 2025-26 filings, we confirm on the portal which form is enabled before filing.

1 weekForm No. 48 (formerly Form 3CEB)
06

Master file and CbCR intimations (large groups only)

Where the group's consolidated revenue exceeds ₹500 crore and the Indian entity's international transactions exceed ₹50 crore (or ₹10 crore for intangibles), we prepare the master file in Form No. 56 by the return due date, with Form No. 57 if another Indian entity is designated. Every constituent entity files Part A of Form No. 56 regardless. For groups above ₹6,400 crore we file the Form No. 58 intimation of the foreign parent or alternate reporting entity.

1-2 weeksForm No. 56, 57, 58 (formerly 3CEAA, 3CEAB, 3CEAC)
07

Safe harbour election, where it is the better route

If the business fits a rule 89 category — for example information technology services at an operating margin of at least 15.5% on operating expense — we model safe harbour against the benchmarked range and, if you choose it, file Form No. 49 by the return due date. For IT services the election goes to the Director General of Income-tax (Systems) and binds for five consecutive tax years.

Within the filing cycleForm No. 49
08

Assessment support, secondary adjustment and APA advice

If the case is referred to a Transfer Pricing Officer we assemble the evidence and draft the submissions, and we track the 90-day repatriation window if a primary adjustment of ₹1 crore or more is accepted. For large recurring flows we assess a unilateral or bilateral APA (Form No. 51, flat ₹20 lakh fee under rule 106).

As neededForm No. 50, 51

Documentation

Documents Required

Prepare these documents before we begin. We will guide you through notarization and apostille requirements.

Indian Nationals

  • Indian subsidiary: audited financial statements and trial balance for the tax year
  • Indian subsidiary: ledger of all transactions with group companies (invoices, debit and credit notes, reimbursements)
  • Indian subsidiary: intercompany agreements — service, cost-sharing, licence, distribution, loan and guarantee agreements
  • Indian subsidiary: segmental profit and loss separating the intercompany business from any third-party business
  • Indian subsidiary: evidence that services paid for were actually received (deliverables, reports, time records, emails)
  • Indian subsidiary: previous years' transfer pricing studies, accountant's reports and any assessment or TPO orders
  • Indian subsidiary: headcount and cost-centre data for captive service or R&D operations

Foreign Nationals

Most clients
  • Foreign parent / group: legal-entity chart with shareholdings, to identify associated enterprises
  • Foreign parent / group: global transfer pricing policy and the intercompany pricing model applied to India
  • Foreign parent / group: consolidated financial statements of the ultimate parent (for master file and CbCR thresholds)
  • Foreign parent / group: functional descriptions of the foreign entities the Indian company deals with
  • Foreign parent / group: cost-pool and allocation-key workings for management fees or shared-service charges
  • Foreign parent / group: details of any APA, MAP case or transfer pricing audit elsewhere covering the same transactions
  • Foreign parent / group: name and country of the parent entity or alternate reporting entity that files the CbCR
  • Foreign parent / group: Tax Residency Certificate of the payee, for treaty rates on fees, royalties and interest paid from India

Deliverables

What’s Included

Transaction map of every international transaction with associated enterprises, reconciled to the books
Associated-enterprise test under section 162 of the Income-tax Act, 2025 for each counterparty
Functional analysis (functions, assets, risks) and characterisation of the Indian entity
Most-appropriate-method analysis under rules 79 and 80 of the Income-tax Rules, 2026, with reasons for rejecting the others
Benchmarking study with a documented comparable search and the rule 81 range and median
Transfer pricing study (documentation under section 171 and rule 84), ready before the specified date
Accountant's report in Form No. 48 (formerly Form 3CEB), certified by a chartered accountant and e-filed
Master file (Form No. 56 — Part A for every constituent entity; full form where thresholds are met) and Form No. 57 if needed
CbCR intimation in Form No. 58 for groups above ₹6,400 crore consolidated revenue
Safe harbour modelling and Form No. 49 filing where you elect it
Year-end true-up memo so the books land inside the arm's length range before the accounts close
Secondary adjustment tracking and repatriation advice under section 170
Support during Transfer Pricing Officer proceedings and Dispute Resolution Panel objections
APA feasibility note — unilateral versus bilateral, rollback, cost and timeline

Comparison

At a Glance

Three ways a foreign-owned Indian subsidiary can manage transfer pricing, compared for tax year 2026-27 onwards

Annual TP study (benchmarking)Safe harbour electionAdvance pricing agreement (APA)
Legal basisSections 161-165, 171 and 172 of the Income-tax Act, 2025; rules 78-85 of the Income-tax Rules, 2026Section 167 of the Income-tax Act, 2025; rules 86-93 of the Income-tax Rules, 2026Sections 168-169 of the Income-tax Act, 2025; rules 103-120 and 122 of the Income-tax Rules, 2026
Which transactionsAll international transactionsOnly the nine rule 89(2) categories (IT services, rupee and foreign-currency intra-group loans, corporate guarantees, generic-pharma contract R&D, core and non-core auto components, receipt of low value-adding services, data centre services)Any international transaction, existing or proposed
What you getA defensible price; the tax officer can still pick different comparablesThe declared transfer price is accepted if the prescribed margin or rate is metA price or method binding on you and the tax department for the years covered
Forms and timingStudy kept on file; Form No. 48 one month before the return due dateForm No. 49 by the return due date (to DGIT (Systems) for IT services), plus Form No. 48Form No. 51 application (a pre-filing consultation can be sought in Form No. 50); Form No. 52 annual compliance report within 30 days of the return due date or 90 days of signing, whichever is later
Government feeNoneNone₹20 lakh (flat); rollback request adds ₹5 lakh
Period coveredOne tax year at a timeIT services: five consecutive tax years once elected; other categories: year by yearUp to five tax years, plus rollback to up to four earlier years
Protection in the parent's countryNone on its own — mutual agreement procedure needed if there is a disputeNone — and rule 93 bars MAP where the safe harbour price is acceptedBilateral APA binds both treaty countries
Documentation still neededYesYes — rule 89(6) keeps sections 171 and 172 in forceYes, plus annual compliance audit by the TPO
Best fitMost subsidiaries; businesses whose margins benchmark below safe harbour ratesCaptive IT/ITeS/GCC operations comfortable at 15.5% or more on costLarge, stable, recurring flows where certainty over several years is worth the fee and effort

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Why Choose Us

Key Benefits

One team for the whole cycle

Transaction map, study, benchmarking, Form No. 48, master file intimations and safe harbour elections are handled together, so the numbers in the report, the study and the return agree — the mismatch between them is one of the easiest things for a tax officer to question.

Built on the current law, not last year's template

Everything is prepared under the Income-tax Act, 2025 and the Income-tax Rules, 2026 for tax year 2026-27 onwards — Form No. 48, rule 81 ranges, the 15.5% IT-services safe harbour and the flat ₹20 lakh APA fee — while FY 2025-26 filings are handled under the 1961 Act that still governs them.

Penalty protection that is written into the Act

Under section 439(8)(d) of the Income-tax Act, 2025, a transfer pricing addition is excluded from the 50% under-reporting penalty where the prescribed documentation was maintained, the transaction was declared and all material facts were disclosed. A contemporaneous study is what earns that protection.

A price set before the year ends

We benchmark early and give you a year-end true-up figure, so the intercompany invoice for the last quarter can bring the Indian margin inside the range before the books close — rather than defending a number that was never tested.

Honest safe harbour and APA advice

Safe harbour buys certainty at a fixed margin; a benchmarked range may justify less. A bilateral APA costs a ₹20 lakh fee and years of work but protects both countries. We model the options with your numbers and recommend one.

Secondary adjustments caught early

If a primary adjustment of ₹1 crore or more is accepted, section 170 starts a 90-day repatriation clock. We track it and set out the cost of repatriating, carrying the deemed advance with imputed interest, or paying the 18% additional tax.

Who needs transfer pricing compliance in India?

Any Indian company, LLP or branch that has a transaction with a foreign associated enterprise needs transfer pricing compliance — the obligation is triggered by the transaction, not by size. Section 161 of the Income-tax Act, 2025 (section 92 of the Income-tax Act, 1961) requires income and expenses from an international transaction to be computed at the arm's length price, and section 172 requires every person who entered into one during the tax year to obtain and file an accountant's report.

Two definitions decide whether you are in scope:

  • Associated enterprise — section 162 of the Income-tax Act, 2025 (section 92A of the Income-tax Act, 1961). The common tests: one enterprise holds, directly or indirectly, shares carrying at least 26% of the voting power in the other; the same person holds 26% in both; a loan from one is at least 51% of the book value of the other's total assets; one guarantees at least 10% of the other's borrowings; one appoints more than half the board or any executive director of the other; or the Indian business depends wholly on the other's know-how, patents or trademarks, gets at least 90% of its raw materials and consumables from the other (or persons it specifies) at prices and on conditions the other influences, or sells its output to the other (or persons it specifies) at prices and on conditions the other influences. Almost every foreign parent and its wholly owned subsidiary qualifies. See our associated enterprise glossary entry.
  • International transaction — section 163 of the Income-tax Act, 2025 (section 92B of the Income-tax Act, 1961): a transaction between associated enterprises, at least one of them non-resident, including sale or use of tangible and intangible property, lending, borrowing and guarantees, services of every kind, cost-sharing arrangements, business restructurings and any other transaction affecting profits. A deal with an unrelated party is deemed international where there is a prior agreement between that party and your associated enterprise, or the terms are in substance set between them.

For a foreign-owned Indian subsidiary the usual list is: software, IT-enabled or R&D services billed to the parent; management, group-service or shared-service fees paid abroad; royalties and brand fees; purchase of the parent's products for resale; intercompany loans and guarantees; reimbursement of salaries of seconded staff; and share issues or transfers within the group. A branch office of a foreign company is also caught, because the definition of enterprise includes a permanent establishment.

One protection runs in your favour: section 161(4) says the arm's length rule does not apply if it would reduce the income, or increase the loss, shown in the books. Transfer pricing can only push Indian taxable profit up.

What does a transfer pricing study include?

A transfer pricing study is the documentation that rule 84 of the Income-tax Rules, 2026 requires every person with an international transaction to keep, built around a benchmarking analysis that shows each price is at arm's length. It replaces rule 10D of the Income-tax Rules, 1962 and follows the same thirteen headings. Our studies are organised as follows:

Part of the studyWhat it containsRule 84(1) clause
Entity and group profileOwnership structure, the multinational group, and the name, address, legal status and tax residence of each group company dealt with(a), (b)
Business and industryWhat the Indian company and its associated enterprises do, and the industry they operate in(c)
Transaction detailsNature, terms, prices, quantity and value of each international transaction(d)
Functional analysisFunctions performed, risks assumed and assets used by each party(e)
Budgets and forecastsEconomic and market analyses, forecasts and budgets bearing on the transactions(f)
Comparables and methodUncontrolled transactions considered, the comparability analysis, the methods considered and the reasons the chosen method is the most appropriate(g), (h), (i)
Working and adjustmentsThe actual computation of the arm's length price, comparable data, adjustments for differences, critical assumptions and any adjustment made to align prices(j), (k), (l)
Anything else relevantAny other information, including data about the associated enterprise(m)

Rule 84(5) expects the information to be backed by authentic documents — agreements, correspondence with the associated enterprise, published accounts, market studies and price publications. Rule 84(6) says the documentation should as far as possible be contemporaneous and must exist by the specified date, which section 173(d) of the Income-tax Act, 2025 fixes as one month before the return due date. Rule 84(7) lets a continuing transaction rely on earlier documentation unless its terms, assumptions or other pricing factors change significantly. Rule 84(8) requires the records to be kept for nine years from the end of the relevant tax year (the 1962 rule said eight years from the end of the assessment year, which ends on the same calendar date).

If a tax officer or the Commissioner (Appeals) asks for the documentation, section 171(2) gives you ten days from receipt of the notice, which can be extended by up to thirty days on application. That is why the study has to be finished before filing season, not written after a notice arrives. Our transfer pricing documentation template walks through the headings in more detail.

How is a transfer pricing benchmarking study done?

A benchmarking study picks the most appropriate method, finds comparable independent companies or transactions, and tests whether the Indian company's price or margin falls within the arm's length range set by rule 81. The steps:

  1. Characterise the Indian entity from the functional analysis — for example a low-risk service provider remunerated on cost, a limited-risk distributor, or a full-risk manufacturer.
  2. Select the method. Rule 80 requires the method best suited to the facts, having regard to the nature of the transaction, the functions and risks of the parties, the availability and reliability of data, the degree of comparability and the reliability of any adjustments and assumptions.
  3. Choose the tested party and profit level indicator — for a captive service centre usually the Indian entity and its operating profit on operating expense, which is also the measure rule 89(2) uses for the IT-services safe harbour.
  4. Search and screen comparables against the comparability factors in rule 79(2): the characteristics of the service or property, the functions, assets and risks, the contract terms, and market conditions including geographical location. That last factor is why Indian studies are normally built from Indian comparables.
  5. Use the right year's data. Rule 79(4) points to data for the financial year of the transaction; for the resale price, cost plus and transactional net margin methods, rule 79(5) allows the preceding year's data if current-year data is not available when the return is filed. Rule 81(3) then blends up to three years for each comparable as a weighted average.
  6. Build the range and test. With six or more entries, the range runs from the 35th to the 65th percentile (rule 81(6)). Inside the range, your price stands; outside it, the median is used.

The six methods, and when each tends to fit a foreign-owned subsidiary:

Method (rule 79 / 78)How it worksTypical subsidiary use
Comparable uncontrolled price (CUP)Price in a comparable uncontrolled transaction, adjusted for differencesInterest on intercompany loans, commodity-type goods, royalties where comparable licences exist
Resale price methodResale price less a normal gross margin and direct expensesDistributors reselling the parent's products without significant value added
Cost plus methodDirect and indirect costs plus a normal gross mark-upContract manufacturing and some contract services
Profit split methodCombined profit split by relative contribution (contribution or residual approach)Highly integrated operations where both sides contribute unique intangibles
Transactional net margin method (TNMM)Net margin on costs, sales or assets compared with comparable companiesCaptive IT, ITeS, KPO and R&D centres; GCCs; many distributors and manufacturers
Other method (rule 78)Price charged or that would have been charged in a similar uncontrolled transactionUnique transactions, valuations, quotations

Where fewer than six comparables survive, rule 81(7) uses the arithmetical mean, and the actual price is accepted if the difference is within the tolerance notified by the Central Government under section 165(3)(a)(ii), which cannot exceed 3%. The latest notification in the series — No. 157/2025, S.O. 5053(E) of 6 November 2025, for assessment year 2025-26 (FY 2024-25) — set 1% for wholesale trading (purchase cost of finished goods at least 80% of total cost and average monthly closing inventory no more than 10% of sales) and 3% in all other cases. As at 26 September 2026 we have found no notification for FY 2025-26 (assessment year 2026-27), and none yet under section 165(3)(a)(ii) of the 2025 Act for tax year 2026-27; until one is issued, the band for those years is not known. There is more on building the dataset in our benchmarking guide and our entry on the arm's length range.

Worked example: a captive software centre

This example shows how the range, the median and the safe harbour interact for a typical cost-plus subsidiary. The figures are illustrative.

A US software company's Indian subsidiary develops code only for the parent and is paid cost plus 12%. In tax year 2026-27 its operating expense is ₹20 crore, so its revenue from the parent is ₹22.4 crore and its operating profit ₹2.4 crore — an operating margin of 12% on operating expense.

Benchmarking. The study finds eight comparable independent software service companies whose weighted-average margins on operating expense, in ascending order, are 10.2%, 11.8%, 13.5%, 14.1%, 15.0%, 16.4%, 18.9% and 21.3%. Applying rule 81(8):

  • 35th percentile: 8 × 0.35 = 2.8, not a whole number, so the 3rd value — 13.5%.
  • 65th percentile: 8 × 0.65 = 5.2, so the 6th value — 16.4%.
  • Median: 8 × 0.5 = 4, a whole number, so the average of the 4th and 5th values — (14.1% + 15.0%) ÷ 2 = 14.55%.

Result. The subsidiary's 12% sits below the 13.5% start of the range, so the arm's length margin becomes the median, 14.55%. Arm's length operating profit is ₹20 crore × 14.55% = ₹2.91 crore, and the primary adjustment is ₹2.91 crore − ₹2.4 crore = ₹51 lakh of extra taxable income. At the 22% rate in section 200 of the Income-tax Act, 2025 (for a company that has opted for it) that is ₹11.22 lakh of tax before surcharge, cess and interest. Because the adjustment is below ₹1 crore, no secondary adjustment arises.

If the centre were bigger. At ₹50 crore of operating expense the same margin gap (14.55% − 12%) gives an adjustment of ₹1.275 crore. That crosses the ₹1 crore threshold in section 170, so if the adjustment is accepted the subsidiary has 90 days to bring ₹1.275 crore back from the parent, or it is treated as an advance carrying imputed interest, or the subsidiary can opt to pay additional income-tax at 18% under section 170(5) — ₹22.95 lakh at that rate — instead.

What would have avoided it. A year-end true-up invoice taking the margin to at least 13.5% would have put the price inside the range. Electing the IT-services safe harbour would have required at least 15.5% — higher than the range needs, but with no benchmarking fight and the election fixed for five years. That trade-off is the core of our advice for captive centres.

What are the safe harbour rules for tax year 2026-27?

From tax year 2026-27, rules 86 to 93 of the Income-tax Rules, 2026 let an eligible company have its declared transfer price accepted without benchmarking if it meets a prescribed margin or rate. They are made under section 167 of the Income-tax Act, 2025 (section 92CB of the Income-tax Act, 1961). The rates in rule 89(2) apply for a block of three tax years beginning with 2026-27 (rule 89(4)).

Rule 89(2) categoryCondition for acceptanceTypical subsidiary
Provision of information technology services (software development, ITeS, KPO, software-related contract R&D)Operating profit at least 15.5% of operating expense; aggregate operating revenue from the transaction up to ₹2,000 croreCaptive development centres, GCCs, back-office and analytics centres
Contract R&D relating to generic pharmaceutical drugsOperating profit at least 24% of operating expense; revenue up to ₹300 crorePharma R&D subsidiaries
Manufacture and export of core auto componentsOperating profit at least 12% of operating expenseAuto component makers supplying the group
Manufacture and export of non-core auto componentsOperating profit at least 8.5% of operating expenseAs above
Provision of data centre servicesOperating profit at least 15% of operating expense (new category)Group data centre operations in India
Receipt of low value-adding intra-group servicesAggregate for the year, including a mark-up of not more than 5%, up to ₹10 crore; cost pooling, exclusions and allocation keys certified by an accountantSubsidiaries paying the parent routine management or shared-service charges
Intra-group loans in rupeesSBI one-year MCLR on 1 April plus 175 to 625 basis points by credit rating (425 basis points unrated, if aggregate rupee lending to AEs is up to ₹100 crore)Indian company lending to a group company
Intra-group loans in foreign currencyCurrency reference rate on 30 September plus 150 to 600 basis points by rating and sizeAs above
Corporate guaranteesCommission of at least 1% a year on the amount guaranteed (eligibility conditions in rule 88(c))Indian company guaranteeing a group company's borrowing

How it works in practice:

  • IT services: the option is exercised in Form No. 49 to the Director General of Income-tax (Systems) by the return due date for the first year, and runs for five consecutive tax years (rule 91(1)). The ₹2,000 crore test is applied only in the first year (rule 91(2)). Withdrawal is not allowed after six months from the end of the first tax year, and a company that withdraws cannot opt in again until the five years are over.
  • Other categories: Form No. 49 goes to the Assessing Officer year by year under rule 90, by the return due date.
  • Not available for transactions with an associated enterprise in a jurisdiction notified under section 176 or in a no-tax or low-tax territory (rule 92).
  • No MAP: once the price is accepted under safe harbour, the treaty mutual agreement procedure cannot be invoked (rule 93). The parent's own tax authority is not bound by India's margin.
  • Documentation stays: rule 89(6) keeps the section 171 documentation and section 172 report obligations.

For FY 2025-26 and earlier years the old rule 10TD rates still govern: 17% or 18% for software development and ITeS depending on value, a 24%/21%/18% KPO scale and a ₹300 crore ceiling (Rule 10TD of the Income-tax Rules, 1962, as amended by Notification 21/2025). See our safe harbour rules entry for the full comparison.

What transfer pricing profile fits your Indian subsidiary?

How your subsidiary is characterised decides the method, the comparables and the margin you should expect to defend. Margins are quoted below only where the Income-tax Rules, 2026 prescribe them; for other profiles the right margin comes from a benchmarking study, not a rule of thumb.

Subsidiary profileUsual transactionsMethods usually consideredSafe harbour under rule 89(2)What tax officers look at
Captive software / IT services centre or GCCServices billed to parent at cost plusTNMM (operating profit / operating expense)Yes — 15.5% on operating expense, revenue up to ₹2,000 croreWhether the entity is truly low-risk; cost base completeness (stock options, seconded staff costs borne abroad)
ITeS / KPO / analytics centreBack-office, finance, analytics services to groupTNMMYes — same IT-services row (KPO no longer has its own rate)Comparable selection when the work is higher-end
Engineering or software R&D centreContract R&D for the parentTNMM, sometimes profit split if the centre owns valuable intangiblesSoftware-related R&D: IT-services row; generic-pharma R&D: 24%Who owns and controls the intangibles created
Distributor of the parent's productsPurchase of finished goods for resaleResale price method or TNMM (operating profit / sales)NoneMarketing spend in India; the narrower wholesale-trading tolerance (1% in the latest notification) where fewer than six comparables are used
Contract or auto-component manufacturerSale of manufactured goods to group; purchase of inputsCost plus or TNMMCore auto components 12%, non-core 8.5%Capacity utilisation and start-up losses
Subsidiary paying management / group-service feesPayments for group servicesTNMM or CUP on the cost base, plus a benefit testLow value-adding services up to ₹10 crore with mark-up ≤ 5%Evidence that the services were needed and received; duplication and shareholder activities
Licensee of parent IP or brandRoyalty or brand feeCUP where comparable licences exist; otherwise TNMM or profit splitNoneBenefit to the Indian business; withholding on the royalty
Group-financed subsidiaryLoans or guarantees from parentCUP on interest; credit-rating analysisRates apply to loans and guarantees given by the Indian companyInterest rate and the section 177 30%-of-EBITDA cap

More on the GCC model in GCC tax structure and cost-plus transfer pricing, and on US-parent structures in transfer pricing for US-India subsidiaries.

What is Form 48 (formerly Form 3CEB) and when is it due?

Form No. 48 is the chartered accountant's report on your international transactions, required under section 172 of the Income-tax Act, 2025 (section 92E of the Income-tax Act, 1961), and it is due one month before the return due date. Rule 85(1) of the Income-tax Rules, 2026 prescribes the form for every person who entered into an international or specified domestic transaction during a tax year; rule 85(2) sets the deadline by reference to the return due date in section 263(1)(c) (dates in the table below). The accountant must be one defined in section 515(3)(b).

The form number for FY 2025-26 filings. For tax year 2026-27 onwards the report is Form No. 48. For FY 2025-26 and earlier years it was Form 3CEB under rule 10E of the Income-tax Rules, 1962. Which form a report filed after 1 April 2026 for FY 2025-26 must use is not settled by the notified rules, because the Income-tax Rules, 2026 contain no transition provision. Check the form actually enabled on the e-filing portal before filing — we do this for every client. Our Form 3CEB / Form 48 entry tracks the position.

Specified domestic transactions — certain transactions between related Indian parties — only come within the rules where they exceed ₹20 crore in aggregate in the tax year (section 164). Most foreign-owned subsidiaries report only international transactions.

Transfer pricing due dates for the current tax year

For tax year 2026-27 (1 April 2026 to 31 March 2027), the key transfer pricing dates for a company with international transactions fall in October and November 2027.

FilingFormDue date for tax year 2026-27Source
Transfer pricing documentation must exist—By 31 October 2027 (the specified date)Rule 84(6); section 173(d)
Accountant's reportForm No. 4831 October 2027Rule 85(2)
Income-tax returnReturn under section 26330 November 2027Section 263(1)(c)
Safe harbour optionForm No. 4930 November 2027 (return due date)Rules 90 and 91(3)
Master file (Part A for all constituent entities; full form above thresholds)Form No. 5630 November 2027 (return due date)Rule 123(2), (3)
Designation of one Indian entity to file the master fileForm No. 5730 days before the Form No. 56 due dateRule 123(4)
CbCR intimation by Indian subsidiary of a foreign-parented group above ₹6,400 croreForm No. 58Two months before the CbCR due date (twelve months from the end of the group's reporting accounting year)Section 511(2); rule 124(2)
APA annual compliance reportForm No. 5230 days after the return due date, or 90 days after signing, whichever is laterRule 113(3)

FY 2025-26 (being filed now). Under the Income-tax Act, 1961, the report is due by the 'specified date' in section 92F(iv) — one month before the section 139(1) return due date — which gives 31 October 2026 for the report and 30 November 2026 for the return of a company that must file one. Watch for any CBDT extension. The master file for FY 2025-26 is due with the return. For a group whose accounting year ended 31 December 2025, the CbCR is due by 31 December 2026 and an Indian subsidiary's intimation two months earlier. See our deadline guide for the full calendar.

Master file and country-by-country reporting for Indian subsidiaries

Every Indian subsidiary of a multinational group files Part A of the master file; the full master file and the CbCR apply only above set thresholds.

  • Master file — Form No. 56 (formerly Form 3CEAA), rule 123. Required when the group's consolidated revenue for the accounting year exceeds ₹500 crore and the Indian entity's international transactions exceed ₹50 crore, or ₹10 crore for purchase, sale, transfer, lease or use of intangible property. Part A is required from every constituent entity even below these thresholds (rule 123(3)). Records are kept for nine years from the end of the tax year (rule 123(5)).
  • Country-by-country report — section 511 of the Income-tax Act, 2025 (section 286 of the Income-tax Act, 1961). Applies only where the group's consolidated revenue for the preceding accounting year exceeds ₹6,400 crore (rule 124(7)). An Indian parent or alternate reporting entity files Form No. 59 within twelve months of the year end. An Indian subsidiary of a foreign-parented group files the Form No. 58 intimation naming the parent or alternate reporting entity and its country; it must file the CbCR itself only in the cases in section 511(4) — the parent is not obliged to file one at home, the country has no exchange agreement with India, or there is a systemic failure.

What are the penalties for transfer pricing failures?

Transfer pricing defaults are among the most expensive in Indian tax law because the documentation and reporting penalties are charged at 2% of the transaction value, whatever the tax at stake. The current provisions of the Income-tax Act, 2025 (with the Finance Act, 2026 changes in force from 1 April 2026):

DefaultConsequenceProvision
Not keeping the prescribed documentation, not reporting a transaction, or keeping/furnishing incorrect informationPenalty of 2% of the value of each international transactionSection 442(1) (section 271AA of the 1961 Act)
Not furnishing the master file informationPenalty of ₹5,00,000Section 442(2)
Not producing documentation within the time allowed on a section 171(2) noticePenalty of 2% of the value of the transaction, for each failureSection 457 (section 271G of the 1961 Act)
Accountant's report not furnished on timeFee of ₹50,000 for a delay of up to one month; ₹1,00,000 after thatSection 428(d), as substituted by the Finance Act, 2026 (for years governed by the 1961 Act, the corresponding provision is the ₹1,00,000 penalty in section 271BA)
Under-reported income from a transfer pricing adjustment50% of the tax on the under-reported income — but not where documentation was kept, the transaction declared and all material facts disclosedSection 439(9) and 439(8)(d) (section 270A of the 1961 Act)
Failure to report an international transaction (misreporting)200% of the tax on the under-reported incomeSection 439(10) and (11)(f)
CbCR not furnished by a reporting entity₹5,000 a day for the first month, ₹15,000 a day after; ₹50,000 a day after a penalty orderSection 459

Under section 470, the penalties in sections 442, 457 and 459 are not imposed if you prove reasonable cause for the failure. The section 428(d) amount is a fee, not a penalty. Our seven mistakes that trigger a TP audit covers the patterns we see most.

What happens in a transfer pricing assessment?

The Assessing Officer can refer your international transactions to a Transfer Pricing Officer (TPO), who determines the arm's length price by written order after hearing your evidence; the Assessing Officer then computes income in line with it.

  • Reference: under section 166(1), with the previous approval of the Principal Commissioner or Commissioner. The TPO can also take up transactions not referred, and transactions you left out of the report (section 166(5)).
  • Timing of the TPO order: section 166(7), as substituted by the Finance Act, 2026, requires the order before one month prior to the month in which the assessment limitation expires — for a limitation ending 31 March, by 31 January.
  • Dispute Resolution Panel: as a foreign-owned company with a TPO variation you are an eligible assessee under section 275. You receive a draft order and have 30 days to accept it or object to the Dispute Resolution Panel and the Assessing Officer.
  • Multi-year option: after a TPO reference for one year, section 166(9) and rule 82 let you opt, in Form No. 46 with an accountant's certificate in Form No. 47, to have the same arm's length price applied to similar transactions in the next two tax years. The form is filed between the end of the third tax year and 30 June after it, and the TPO rules on validity within a month.
  • Treaty relief: an Indian adjustment does not automatically reduce the parent's taxable income abroad; the mutual agreement procedure under the DTAA is the route to a corresponding adjustment.

For negotiation tactics at each stage, see how to negotiate a transfer pricing assessment.

How does a secondary adjustment work?

A secondary adjustment makes the cash follow the corrected price: if a primary adjustment of ₹1 crore or more sticks, the excess left abroad must come back to India within 90 days or be treated as a loan to the associated enterprise. Section 170 of the Income-tax Act, 2025 (section 92CE of the Income-tax Act, 1961) applies where the primary adjustment is made by you in the return, accepted from an Assessing Officer's or appellate order, set by an APA, made under safe harbour, or results from MAP.

Rule 83 of the Income-tax Rules, 2026 starts the 90 days from the return due date (self-made adjustments, safe harbour, and APAs signed before the return is due), the date of the order (accepted assessment adjustments), the end of the month the APA is signed (later APAs), or the order giving effect to a MAP resolution. Unrepatriated money attracts imputed interest at SBI's one-year MCLR on 1 April of the tax year plus 325 basis points (rupee transactions) or the currency's reference rate on 30 September plus 300 basis points (foreign-currency transactions). Alternatively, section 170(5) lets you pay additional income-tax of 18% on the unrepatriated amount, which closes the matter; no credit or deduction is then allowed for that tax.

When is an advance pricing agreement worth it?

An APA fixes the arm's length price, or the method for setting it, in advance for up to five tax years, and can roll back to up to four earlier years — worth it when the annual exposure is large and recurring. The framework is sections 168 and 169 of the Income-tax Act, 2025 (sections 92CC and 92CD of the Income-tax Act, 1961) and rules 103 to 120 and 122 of the Income-tax Rules, 2026 (rule 121 deals with MAP).

  • Who can apply: anyone who has undertaken, or is contemplating, an international transaction (rule 104).
  • How: a pre-filing consultation can be requested in Form No. 50 (rule 105; it binds neither side), then the application is made in Form No. 51 — to the Principal Chief Commissioner (International Taxation) for a unilateral APA, or to India's competent authority for a bilateral or multilateral APA (rule 106(2)). For continuing transactions it must be filed before the first day of the first tax year to be covered (rule 106(3)).
  • Fee: ₹20 lakh flat (rule 106), not refunded on withdrawal (rule 107(2)); ₹5 lakh more for rollback (rule 111(5)). The ₹10/15/20 lakh scale under rule 10-I of the 1962 Rules no longer applies, so smaller applicants now pay more.
  • Rollback conditions (rule 111): same transaction, returns and reports for the rollback years filed on time, rollback requested for every year the transaction occurred, and no rollback where the Tribunal has already decided the issue or where it would reduce the returned income.
  • After signing: a modified return within three months of the end of the month of signing (section 169(1)), and an annual compliance report in Form No. 52 each year (rule 113). Renewal is a fresh application in Form No. 54 (rule 119).

The programme is busy: CBDT reported a record 219 APAs signed in FY 2025-26, including 84 bilateral APAs, taking the total since inception to 1,034 (750 unilateral and 284 bilateral), with bilateral APAs concluded that year with the US, Finland, the UK, Singapore, Japan, South Korea, Australia, Denmark, Sweden, France, Indonesia, Ireland and New Zealand (PIB, 31 March 2026). Read more in how APAs remove transfer pricing risk and our APA rollback entry.

Notes for parents in the US, UK, Singapore, UAE, Japan, Canada and Australia

Wherever the parent sits, India applies its own rules to the Indian side — the parent's documentation does not replace an Indian study, and India's safe harbour margin does not bind the parent's tax authority.

  • US, UK, Singapore, Japan, Australia: each is among the 13 treaty partners with which bilateral APAs were concluded in FY 2025-26, so a bilateral APA is a realistic option for large recurring flows. Read the DTAA guide for treaty rates on fees and royalties paid from India.
  • UAE and Canada: neither appears in that FY 2025-26 bilateral APA list. That does not by itself rule out a bilateral APA — it depends on the treaty's mutual agreement article and the other authority — so compare a bilateral APA with a unilateral APA or benchmarking with MAP in reserve, and check the treaty's associated-enterprises article before relying on a corresponding adjustment.
  • All parents: keep the Indian margin, the parent's cost allocation and the intercompany agreement consistent. Where the parent bears costs for the Indian team — stock-based compensation, seconded employees, software licences — those costs affect the Indian cost base that the margin is measured on.
  • Payments out of India for services, royalties or interest also involve withholding tax and remittance forms: Form 145 (formerly Form 15CA) and, where required, the accountant's certificate in Form 146. The transfer pricing study supports the amount, not the withholding rate.

Country-specific guides: US, Germany, Japan and Canada.

Common transfer pricing mistakes we fix

  • Using last year's safe harbour rates or APA fee. From tax year 2026-27 the IT-services rate is 15.5% up to ₹2,000 crore; the 17%/18% rates belong to FY 2025-26 and earlier. The APA fee is now a flat ₹20 lakh.
  • Missing costs the parent pays. If the parent pays for stock options, licences or seconded staff used by the Indian team, the Indian cost base is understated and so is the margin the tax officer will compute.
  • No evidence behind management fees. A cost allocation without proof of services received is hard to defend as arm's length.
  • Leaving a transaction out of the report. The TPO can still examine it (section 166(5)), and it is misreporting under section 439(11)(f).

If you are setting up in India now, we can build the pricing model into the subsidiary set-up so the first year is compliant from day one. For broader structuring questions, see our tax advisory service and how Indian rules compare with the OECD guidelines.

Need help with this?

Schedule a free consultation with our team. We will walk you through the process, timeline, and costs specific to your situation.

This article is for general information only and is not legal, tax, or investment advice. Confirm current rules with the relevant authority or a qualified professional — or ask our team. See our full disclaimer.

FAQ

Frequently Asked Questions

Common questions about transfer pricing services. Can't find your answer? WhatsApp us.

Transfer pricing services cover everything an Indian company needs to show that its dealings with foreign group companies are priced at arm's length: mapping the intercompany transactions, a functional analysis, choosing the prescribed method, a benchmarking study against comparable independent companies, the written transfer pricing documentation, and the chartered accountant's report (Form No. 48, formerly Form 3CEB). They also include advice on safe harbour elections, advance pricing agreements and support if a Transfer Pricing Officer examines the case.
A transfer pricing study is the documentation an Indian company must keep under section 171 of the Income-tax Act, 2025 and rule 84 of the Income-tax Rules, 2026. It sets out the ownership structure and group profile, the business and industry, the terms and value of each international transaction, the functions, assets and risks of each party, the methods considered and why one was chosen, the comparable data and working, and any adjustments made. It must exist by the specified date — one month before the return due date — and be kept for nine years from the end of the tax year.
Yes. The arm's length rule in section 161 and the accountant's report in section 172 apply to every person with an international transaction, whatever its size. The only relief is for the full documentation: rule 84(2) switches off the detailed rule 84(1) list when the aggregate value of international transactions in the books for the tax year does not exceed ₹1 crore, but rule 84(3) still requires you to substantiate, from the material available, that the income was computed at arm's length. The accountant's report must still be filed.
Yes, for tax year 2026-27 onwards. Rule 85(1) of the Income-tax Rules, 2026 says the accountant's report under section 172 of the Income-tax Act, 2025 'shall be in Form No. 48'. For FY 2025-26 and earlier years the report was Form 3CEB under rule 10E of the Income-tax Rules, 1962. Which of the two applies to a report filed after 1 April 2026 for FY 2025-26 is not settled by the notified rules, which contain no transition provision, so check the form actually enabled on the e-filing portal before filing.
Rule 85(2) of the Income-tax Rules, 2026 requires the report at least one month before the return due date in section 263(1)(c) of the Income-tax Act, 2025. A company that must file the report has a return due date of 30 November, so the report is due by 31 October. For tax year 2026-27 that means 31 October 2027, with the return due 30 November 2027. For FY 2025-26, the 1961 Act gives the same pattern: report by 31 October 2026 and return by 30 November 2026, unless CBDT extends the dates.
No. 30 November is the return due date for a company that must furnish a transfer pricing report. The report itself is due one month earlier — 31 October — under rule 85(2) of the Income-tax Rules, 2026 and the 'specified date' definition in section 173(d) of the Income-tax Act, 2025.
From 1 April 2026 a late or missing accountant's report attracts a fee under section 428(d) of the Income-tax Act, 2025: ₹50,000 for a delay of up to one month and ₹1,00,000 after that (for years governed by the 1961 Act, the corresponding provision is the ₹1,00,000 penalty in section 271BA of that Act). Failing to keep the documentation, failing to report a transaction, or keeping incorrect information can cost 2% of the value of each transaction under section 442(1). Failing to produce documentation on a notice costs another 2% under section 457. Section 470 lets you escape the penalties, but not the fee, if you prove reasonable cause.
Section 165(1) of the Income-tax Act, 2025 and rule 79 of the Income-tax Rules, 2026 prescribe the comparable uncontrolled price (CUP) method, the resale price method, the cost plus method, the profit split method (with contribution and residual variants), the transactional net margin method (TNMM), and an 'other method' under rule 78 based on the price charged or that would have been charged in a comparable uncontrolled transaction. The method used must be the most appropriate one, chosen by reference to the factors in rule 80.
Under rule 81, where the most appropriate method is CUP, resale price, cost plus or TNMM and there are six or more comparables, the arm's length range runs from the 35th to the 65th percentile of the dataset. A price inside the range is accepted; a price outside it is adjusted to the median. With fewer than six comparables the arm's length price is the arithmetical mean, and the actual price is accepted if it is within a tolerance notified by the Central Government, which cannot exceed 3%. The latest notification, No. 157/2025 for assessment year 2025-26 (FY 2024-25), set 1% for wholesale trading and 3% for everything else; as at 26 September 2026 we have found none for FY 2025-26 or for tax year 2026-27 under the 2025 Act.
For tax year 2026-27 onwards, rule 89(2) of the Income-tax Rules, 2026 accepts the transfer price for the provision of information technology services — which covers software development, IT-enabled services, knowledge process outsourcing and software-related contract R&D — if the operating profit margin on operating expense is at least 15.5%, where aggregate operating revenue from the transaction does not exceed ₹2,000 crore. The election is made in Form No. 49 to the Director General of Income-tax (Systems) and binds for five consecutive tax years. The older 17%/18% rates apply only to FY 2025-26 and earlier.
Yes. Rule 89(6) of the Income-tax Rules, 2026 keeps the documentation duty in section 171 and the accountant's report in section 172 in force for a safe harbour case. Safe harbour removes the need to defend the margin, not the need to document the transaction and file Form No. 48.
Every Indian constituent entity of an international group files Part A of the master file in Form No. 56 (formerly Form 3CEAA). The full master file is needed when the group's consolidated revenue exceeds ₹500 crore and the Indian entity's international transactions exceed ₹50 crore, or ₹10 crore for intangible property; it is due by the return due date. Country-by-country reporting applies only to groups whose consolidated revenue for the preceding accounting year exceeds ₹6,400 crore. An Indian subsidiary of a foreign-parented group then files the Form No. 58 intimation two months before the CbCR due date.
Under section 170 of the Income-tax Act, 2025 (section 92CE of the Income-tax Act, 1961), when a primary adjustment of ₹1 crore or more is made by you in the return, accepted from an assessment, set by an APA or safe harbour, or agreed under MAP, the 'excess money' left with the foreign associated enterprise must come back to India within 90 days of the date in rule 83 of the Income-tax Rules, 2026. If it does not, it is treated as an advance and interest is imputed — SBI one-year MCLR plus 325 basis points for rupee transactions, or the currency's reference rate plus 300 basis points for foreign-currency ones — unless you choose to pay additional income-tax of 18% on the unrepatriated amount.
Rule 106 of the Income-tax Rules, 2026 sets a flat application fee of ₹20 lakh, paid with Form No. 51; a request for rollback adds ₹5 lakh under rule 111(5), and the fee is not refunded if you withdraw. An APA can cover up to five tax years (section 168(4) of the Income-tax Act, 2025) and, with rollback, up to four earlier years (section 168(9)). Before 1 April 2026 the fee was ₹10, 15 or 20 lakh depending on the transaction value; that scale no longer applies.
A unilateral APA binds only the Indian taxpayer and the Indian tax department. A bilateral APA is agreed with the tax authority of the parent's country through the treaty's mutual agreement procedure, so both sides accept the same price and double taxation is avoided. CBDT reports 1,034 APAs signed up to 31 March 2026, of which 284 were bilateral, and 84 bilateral APAs in FY 2025-26 alone with 13 treaty partners including the US, UK, Singapore, Japan, Australia, France and Ireland.
Yes. Section 166(5) of the Income-tax Act, 2025 lets the Transfer Pricing Officer deal with any international transaction that comes to notice during the proceedings, including one left out of the accountant's report. Failing to report an international transaction is also listed as misreporting in section 439(11)(f), which carries a penalty of 200% of the tax on the under-reported income.
Yes. Under section 275 of the Income-tax Act, 2025 any foreign company, and any assessee whose variation arises from a Transfer Pricing Officer's order, is an eligible assessee. The Assessing Officer must first issue a draft order, and you have 30 days from receiving it to accept the variations or file objections with both the Dispute Resolution Panel and the Assessing Officer.
Both. The interest rate must be at arm's length under the transfer pricing rules, and separately section 177 of the Income-tax Act, 2025 (section 94B of the Income-tax Act, 1961) disallows interest paid to a non-resident associated enterprise to the extent it exceeds 30% of EBITDA, where the interest exceeds ₹1 crore in the tax year. Disallowed interest can be carried forward for up to eight tax years.

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