Handling of Costs in India and the US​

INTRODUCTION

Let us consider the instance of Ravikumar and Satish, who attended the same college in India. Satish remained in India, whereas Ravi moved to the US and continues to reside there. They both choose to pursue entrepreneurship as their career. While Satish established a semiconductor product company in India, Ravi established a business that would develop IP used by any travel company.

From Ravi’s Perspective

Ravikumar established a company in Sunnyvale with a 100% subsidiary in India. He kept using India to his advantage by involving Indian engineers in Research and Development. Although Ravi’s parent firm owns the intellectual property, it incurs some of the costs in the USA and employs India as a development center.

Problem

The issue then becomes how these expenses are evaluated from both a deductibility and an R&D Credit perspective. R&D costs were previously kept for book purposes but could be eliminated for tax purposes. However, the TCJA brought about modifications, requiring that R&D expenses be capitalized and written down over time for tax reasons.

Solution

The issue then becomes how these expenses are evaluated from both a deductibility and an R&D Credit perspective. R&D costs were previously kept for book purposes but could be eliminated for tax purposes. However, the TCJA brought about modifications, requiring that R&D expenses be capitalized and written down over time for tax reasons.

From Satish’s Perspective:

A fully owned subsidiary of his Indian semiconductor product company is located in the US. The US entity hired certain contractors and personnel to work on IP development, while the Indian entity retains ownership of the IP.

Problem

The issue then becomes how these expenses are evaluated from both a deductibility and an R&D Credit perspective. R&D costs were previously kept for book purposes but could be eliminated for tax purposes. However, the TCJA brought about modifications, requiring that R&D expenses be capitalized and written down over time for tax reasons.

Solution

The issue then becomes how these expenses are evaluated from both a deductibility and an R&D Credit perspective. R&D costs were previously kept for book purposes but could be eliminated for tax purposes. However, the TCJA brought about modifications, requiring that R&D expenses be capitalized and written down over time for tax reasons.

EXPLANATION

A fully owned subsidiary of his Indian semiconductor product company is located in the US. The US entity hired certain contractors and personnel to work on IP development, while the Indian entity retains ownership of the IP.

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