Weekly compliance roundup

Published 2026-10-08 | CorpArray Insights

Weekly Compliance Roundup 2026: Australia–India Deadlines and Actions for October

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.

Need help? Book a free compliance check: https://cal.com/corparray/free-compliance-consultation

This Week's Priorities at a Glance

  • India: Check that annual filings after your AGM are on track (AOC-4 and MGT-7), and start preparing Form 3CEB if you have related-party transactions with an Australian entity.
  • Australia: Prepare your quarterly BAS (due 28 October for July–September) and confirm your superannuation processes are ready for Payday Super.
  • Cross-border: Reconcile intercompany invoices, loans and remittances before the quarter's books close.

India Compliance Updates for Australian-Owned Entities

Post-AGM Filings for Indian Subsidiaries

Indian companies must hold their AGM by 30 September for a 31 March year end. The filings that follow run on short clocks:

  • Form AOC-4 (financial statements): within 30 days of the AGM.
  • Form MGT-7 / MGT-7A (annual return): within 60 days of the AGM.

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.

Income Tax Return and Transfer Pricing

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.

GST and TDS Rhythm

Monthly obligations continue regardless of the annual calendar:

  • TDS deposit: by the 7th of the following month.
  • GSTR-1: by the 11th (monthly filers).
  • GSTR-3B: around the 20th.

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.

Australia Compliance Updates for India-Linked Businesses

Quarterly BAS Due 28 October

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.

Payday Super Is Now Live

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.

ASIC Obligations for Indian-Owned Australian Companies

Australian companies with Indian parent companies or shareholders carry the same core duties as any other proprietary company:

  • At least one director ordinarily resident in Australia.
  • A registered office and a principal place of business in Australia.
  • Prompt notification to ASIC of changes to officeholders and share structure.
  • Director IDs for every director, including directors based in India.
  • Payment of the annual review fee and confirmation of company details when ASIC issues the statement.

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.

Cross-Border Compliance: Where Both Systems Meet

FEMA Reporting on Investment Into India

When an Australian parent invests in an Indian subsidiary, the Foreign Exchange Management Act (FEMA) requires timely reporting:

  • FC-GPR: filed within 30 days of allotting shares to the foreign investor.
  • FLA return: an annual return due by 15 July.
  • Valuation and pricing rules: shares must be issued at or above the fair value required by the rules.

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.

Intercompany Loans and Repayments

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.

Permanent Establishment Risk

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.

Your 30-Minute Weekly Compliance Routine

  1. Review the calendar (5 min): check the next 30 days of Australian and Indian deadlines side by side.
  2. Check intercompany items (10 min): invoices, loan movements and remittances recorded against agreements.
  3. Review registers (5 min): directors, shareholders and officeholders in both jurisdictions.
  4. Confirm owners (5 min): each filing should have a named person responsible and a named backup.
  5. Escalate (5 min): flag anything uncertain to your adviser while there is still time to fix it.

The calendar needs one named owner who reports to the board. Shared responsibility across two countries usually means no one checks.

Common Mistakes We See Across the Corridor

  • Assuming Australian year-end dates (30 June) and Indian dates (31 March) line up. They do not, so consolidation and reporting need a bridge.
  • Paying management fees with no agreement, invoice, or evidence of services received.
  • Leaving the Australian resident director role with a nominee who has no real involvement or insurance cover.
  • Treating missed filings as administrative and fixing them only when a bank or investor asks during due diligence.

Frequently Asked Questions

Does an Australian company with an Indian subsidiary need two sets of accounts?

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.

What is the most expensive deadline to miss?

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.

Can we fix a missed filing?

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.

Stay Ahead of the Next Deadline

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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