Reference
Every term on this site, defined.
Nothing here is legal or tax advice. It is the vocabulary you will need to ask anyone, including us, the right question.
§01
Terms used on this page
Form FC
RBI filing reporting overseas investment.
UIN
Unique Identification Number issued for the overseas entity.
APR
Annual Performance Report, certified by a Chartered Accountant.
LRS vs ODI
Liberalised Remittance Scheme vs Overseas Direct Investment; the structuring decision on how money goes abroad.
AD bank
Authorised Dealer bank; remittances must be routed through one.
Schedule FA
Foreign asset disclosure in the Indian income tax return.
Form 15CA / 15CB
Required when repatriating money to India.
Form 5472 + pro-forma 1120
US filing for foreign-owned single-member LLCs.
Franchise tax
Annual US state fee.
ROC filings
AOC-4, MGT-7, DIR-3 KYC in India.
GST LUT
Annual filing allowing exporters to avoid paying IGST.
W-8BEN-E
Form US customers require before paying a foreign entity.
D-U-N-S
Business identifier required for an Apple Developer account under a company name.
§02
Questions asked before engaging
Is this actually my problem?
01I paid the formation fee on a personal credit card. Is that the problem?
Paying a formation service fee by card is not itself an overseas investment. Money that buys shares in your company is, and generally needs to go through your . What it means for your specific position is established in the diagnostic, not on a web page.
02I have a foreign company, but nobody filed Form FC and I have no UIN. Is this my problem?
Bringing past filings up to date covers filing and obtaining the retrospectively, establishes the position, prepares and certifies the missing Annual Performance Reports, corrects in past returns, and makes a compounding application where required.
03My US company is already running. Which Indian filings should I check?
The principal position to establish is whether the remittance used an , whether the position was decided, whether was filed and a issued, whether each was filed by 31 December, and whether the holding was disclosed under .
Check what your own answers indicate before drawing a conclusion. Open the exposure check →
How bad is it?
01What do the rules provide if a filing is late?
Late fees and consequences are set by the rules and determined by the authority, not by Daellio. No figure is quoted against your case before your actual documents are reviewed.
See the provisions and official sources
Up to three times the sum involved where quantifiable, or up to ₹2,00,000 where not; and where the contravention is continuing, up to ₹5,000 for every day after the first day during which it continues.Statute
Section 13(1): any contravention, upon adjudication
Foreign Exchange Management Act, 1999 (bare Act, Directorate of Enforcement) ↗₹7,500 per return.RBI circular
Circular No. 16, Annex, item 1: delayed APR (a return that does not capture flows)
RBI A.P. (DIR Series) Circular No. 16, 30 September 2022 ↗₹7,500 + 0.025% × amount involved × years of delay, per return, capped at 100% of the amount involved.RBI circular
Circular No. 16, Annex, item 2: delayed Form FC (a return that captures flows)
RBI A.P. (DIR Series) Circular No. 16, 30 September 2022 ↗The late submission fee route is available for up to three years from the date a filing fell due.RBI circular
Circular No. 16, Annex, note (f): time limit
RBI A.P. (DIR Series) Circular No. 16, 30 September 2022 ↗$25,000 per failure, plus $25,000 for each 30 days the failure continues beyond 90 days after IRS notice.Statute
Section 6038A(d): Form 5472 not filed
26 U.S.C. § 6038A(d) (Cornell LII) ↗02My company is more than three years old. Can the late submission fee route still be used?
The late submission fee route is available for up to three years from the date each filing fell due. Which filings fall inside that window and which fall outside it is established when your case is reviewed.
See the provisions and official sources
The late submission fee route is available for up to three years from the date a filing fell due.RBI circular
Circular No. 16, Annex, note (f): time limit
RBI A.P. (DIR Series) Circular No. 16, 30 September 2022 ↗03My trademark was filed years ago and nothing came of it. What may have happened?
A mark abandoned for a missed 30-day examination reply loses its priority date, and the registry sends no reminders. Abandoned mark rescue and refiling, and objection replies drafted to the citation, are both handled through Daellio.
The exposure check separates what appears outstanding from what is already in place. Open the exposure check →
Fixing it
01Nobody filed Form FC and there is no UIN. What happens now?
Bringing past filings up to date covers filing and obtaining the retrospectively, establishes the position, prepares and certifies the missing Annual Performance Reports, corrects in past returns, and makes a compounding application where required.
02What keeps running after the remediation is done?
Ongoing annual compliance (India and US) covers the certified and filed by 31 December, amendments as things change, disclosure, and pro-forma 1120 coordinated, and the state report, where an India entity exists, on each repatriation, agent and address renewals, and every deadline managed across both calendars. Ongoing annual compliance (US filings only) covers the US calendar alone.
03How long will the EIN or US bank account take?
No timeline is promised for either. Both depend on the issuing authority and the bank, and decisions rest with the RBI, IRS, ROC or trademark registry, so no outcome can be promised.
Establish the position first; the check takes no documents and creates no account. Open the exposure check →
Working with you
01Are you a law firm, CA firm or licensed tax preparer?
No. Daellio coordinates your cross-border compliance. Regulated work is carried out by independent licensed professionals; Daellio keeps the position, documents and deadlines moving between them.
02Who actually prepares and signs each filing?
The role depends on the filing. A Chartered Accountant, Company Secretary, US CPA or registered trademark agent may prepare or certify work within that professional’s scope, while the taxpayer, company officer, remitter or applicant remains the signer where the form requires it. Daellio coordinates the process; it does not replace the required signatory.
03How do I start?
Request access and tell us about your company. Daellio works with a limited number of companies at a time; we review every application personally and will be in touch within 2 working days.
Take the readiness check before you request access. Open the exposure check →
The calendar does not wait for you.
Two calendars, one company
India side
01
31 December
Annual Performance Report (APR)
02
30 days from receipt
Trademark examination reply
Non-extendable without Form TM-M
03
2 months
Trademark opposition counter-statement
Non-extendable, no relief for delay
