Published 2026-10-08 | CorpArray Insights
The cheapest compliance failure is the one you saw coming. Most Australia–India penalties come from routine dates that nobody owned: a late FC-GPR filing, a missed Form 3CEB, or a BAS that slipped past the 28th. This roundup covers what matters this week and this month for businesses operating across the corridor, and what to do about each item.
Dates below reflect standard statutory timetables as at early October 2026. Extensions and circulars change often, so confirm against the ATO, ASIC, MCA and Income Tax Department notices, or with your adviser, before you rely on them.
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Indian companies must hold their AGM by 30 September for a 31 March year end. The filings that follow run on short clocks:
For a company that held its AGM on 30 September, AOC-4 falls due around 30 October and MGT-7 around late November. Action: confirm the AGM date in your minutes, then work out both deadlines from it. Late fees on MCA filings are charged per day, with no cap on the number of days.
Companies that need a tax audit generally file their return by 31 October. Companies with international or specified domestic transactions, which includes most Australian parent and Indian subsidiary structures, usually file their return by 30 November. The Form 3CEB accountant's report is due 31 October, with the return itself following 30 November.
Transfer pricing is where Australia–India groups most often get into trouble. Management fees, IT services, royalties, intercompany loans and cost recharges all need arm's-length support. Action: this week, list every related-party transaction for the year and check that each has a benchmarking study and a signed agreement behind it. Indian authorities can make adjustments and impose penalties where the documentation is missing or weak.
Monthly obligations continue regardless of the annual calendar:
Payments to Australian entities for services or royalties often attract withholding tax in India. Check the rate under the India–Australia tax treaty against the domestic rate, and keep a valid Tax Residency Certificate on file before you apply the treaty rate.
If you report GST quarterly, your July–September BAS is due on 28 October for most lodgers. Businesses that pay Indian contractors or buy offshore services should check how those purchases are treated for GST. Imported services and digital products can trigger reverse-charge or other rules. Action: have your bookkeeper tag offshore supplier invoices separately so they are reviewed rather than defaulted.
Under Payday Super, which applies from 1 July 2026, employers must pay superannuation guarantee contributions to employee funds alongside wages. They can no longer wait until the quarterly deadline. For Australian companies with a payroll processed partly through an Indian shared-services team, this is a real process risk. Late contributions may attract the superannuation guarantee charge, which is not tax-deductible. Action: check that your payroll cut-off, payment run and clearing house timing are aligned across both teams.
Australian companies with Indian parent companies or shareholders carry the same core duties as any other proprietary company:
Action: if a new Indian director or shareholder joined this year, check that ASIC records match your register and that the director has a verified Director ID.
When an Australian parent invests in an Indian subsidiary, the Foreign Exchange Management Act (FEMA) requires timely reporting:
Late submission fees apply, and unreported historical issues may require compounding with the RBI, which is slow and costly. Action: reconcile your bank remittance advices against share allotments this quarter. A gap between money received and shares allotted is the first thing an auditor will question.
Loans between an Australian parent and an Indian subsidiary are governed by India's external commercial borrowing (ECB) framework. Interest rate caps, minimum average maturity and end-use restrictions apply, and Form ECB filings are required. On the Australian side, check thin capitalisation and transfer pricing exposure for the interest. Action: check that each loan has a written agreement, a filing reference, and an interest rate you can defend.
Sending Australian staff to India, or Indian staff to Australia, can create a taxable presence if they habitually conclude contracts or run operations from a fixed location. Track travel days and the nature of the work. Action: keep a simple log of who worked where, for how long, and under which contract.
The calendar needs one named owner who reports to the board. Shared responsibility across two countries usually means no one checks.
Yes. The Indian entity files under Indian law and accounting standards for a 31 March year end. The Australian parent reports under Australian rules, usually to 30 June, and consolidates the subsidiary where required.
It depends on the entity, but transfer pricing documentation and FEMA reporting tend to cost the most to put right. Penalties are material and remediation takes months.
Often yes, through late filing with fees, condonation, or compounding. The earlier you act, the lower the cost, so do not wait for a notice.
Cross-border compliance is manageable when someone checks the calendar every week and addresses gaps early. If you are unsure whether your Australia–India structure is in order, whether that is transfer pricing support, FEMA filings, ASIC records or Indian annual returns, CorpArray can review it with you and give you a clear list of what to fix first. Book your free compliance check today: https://cal.com/corparray/free-compliance-consultation
Need help? Book a free compliance check: https://cal.com/corparray/free-compliance-consultation
This article is general information only and is not legal, tax or financial advice. Obligations vary by entity and circumstances, so seek professional advice before acting.
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