Earlier this year, Sundar Pichai announced Google’s plan to set up a global fintech office in the GIFT City in Gujarat. Large companies are also making strides towards the GIFT City, as PayTM plans to invest 100 crores and LIC aims to open an office this year in GIFT City. With all the buzz around the newest International Financial Services Centre at the Gujarat International Finance Tec-City (GIFT City) in Gandhinagar, Compliance Calendar brings to you the latest updates on setting up your office in the GIFT City. We also assess the significance of this landmark moment in the Indian financial landscape and also highlight its likely impact on businesses and trade.

GIFT City - A dream place of integrated services

When we think of global finance hubs, the most prominent cities that come to our mind are Singapore and London which provide world class international banking facilities to business and professionals alike. With increasing industrialization, focus on Make in India and Assemble in India, the dream of an integrated and supportive infrastructure of banking, finance, logistics, insurance services was realized with the setting up of the GIFT City.

International Financial Service Centers Authority (IFSCA) under the IFSC Act has been established as a unified interface to govern activities of all units established in IFSC and is vested with necessary powers as granted to SEBI (capital markets), RBI and IRDAI (insurance).

Key Benefits of setting up in the GIFT City Tax benefits under Income Tax :

Tax benefits under GST:

Non-financial benefits:

Specific benefits for IT or IT enabled services companies in GIFT City

The government has extended certain special benefits to startups engaged in providing Information Technology and Information Technology Enabled Services. These are available for setting up R&D facilities of IT companies, BPO and KPO units, operation of E-Commerce companies, setting up vertical IT parks as well as web-based, ERP and software application development.

Some of the key advantages for setting up IT units in GIFT City are:

Setting up your business in GIFT City - Compliances and Procedures

The setting up of a business unit has been simplified by integrating various approvals, grant of stamp duty exemptions and several tax benefits as enlisted above. The process of getting started in GIFT City includes the following key compliances:

Initial steps

Online application via NSDL Portal

SEZ Compliances as per SEZ Rules, 2006

SEZ units have to complete SEZ compliances as per the SEZ rules 2006 and the conditions mentioned in the respective LOA issued by the office of the Development Commissioner, KASEZ.

This also includes executing a lease deed with the Co-developer for the allotted space. A copy of this is required to be submitted to the Development Commissioner’s office within six months from issuance of LOA.

Incorporation of Company

The GIFT City regulations require that the following conditions be met for the purpose of incorporation of a company.

List of Documents to be submitted to Development Commissioner, KASEZ

  1. Provisional Letter of Allotment provided by Co-developer GIFT SEZ.

  2. Detailed Project Report – inclusive of projections for five years, and must also include:

Project Report - A detailed project report incorporating all relevant information on the project & giving therein feasibility report, promoters/directors details, cost of the project and means of finance with break up details, projected profitability statement. Details of present activities of the applicant company/firm are required to be furnished.

  1. Company IDs such as License, PAN Card, IEC Code

  2. Copy of Incorporation Certificate, Articles and Memorandum of Association of the Company

  3. Copy of Company’s profile, Directors Profile.

  4. Copy of Board Resolution

  5. List of Imported and Indigenous capital goods

  6. List of directors with details such as address, contact details etc

  7. Copy of residential proof and identity proof of directors

  8. Letter mentioning web and email address

  9. Last three years Income tax returns of the company

  10. Copy of Audited financial documents

  11. Copy of IEC Code of the company

  12. PAN Card Copy of the company

  13. Affidavits

  14. Undertaking for Pollution control

Copies of the above are required to be submitted to the DC (Development Commissioner), KASEZ, Ahmedabad along with a Demand Draft of 5000.

The approval committee examines the proposals in terms of Rule 17 & 18 of the SEZ Rules, 2006. In case the project is approved, the applicant is issued a Letter of approval (LOA).

Once the DC issues the Letter of Approval, the same is to be acknowledged with an Acceptance within 45 days of issuance and take further action as per terms & conditions mentioned in the said LOA for implementation of the project.

Bond Cum Legal Undertaking (BLUT) via Form H

For implementation of the LOA, the unit has to execute Bond cum legal undertaking in form- H of SEZ Rules on a non-judicial stamp paper of Rs. 100/- bought from within the state i.e. Gujarat where the SEZ/unit is located and also get the same notarized by a Notary Public registered from the same State i.e. Gujarat.

Obtaining mandatory Registration-cum- Membership-Certificate (RCMC)

A mandatory Registration-cum- Membership-Certificate (RCMC) is required to be obtained from Export Promotion Council for SEZ units or developer (including co-developer) and the Export Oriented Units (EOUs) to avail exemptions, drawbacks and concessions under Rule 22 of SEZ Rules.

Obtaining a GST registration

GST registration for SEZ Unit under the IGST Act and Rules if applicable, and updating of the new premises is required.

Obtaining Import Export Code

An IEC Code is required for operating in the GIFT City.

SOFTEX form for software export

Units undertaking export of software in non-physical form e.g. through data link, internet, e-mail or any other electronic mode, are required to submit Software Export Declaration Form (SOFTEX) on a monthly basis to the DC's Office.

Final approvals to be submitted to Development Commissioner, KASEZ

Submission of self-attested copy of final Approvals/ Permission from SEBI/IRDA/RBI to the Development Commissioner(DC) , KASEZ - Ahmedabad & GIFT SEZ Ltd. Submission of self-attested copy of Lease deed to the DC, KASEZ office Ahmedabad by SEZ Unit. (Provided further that a copy of the registered lease deed shall be furnished to the Development Commissioner concerned within six months from the issuance of the Letter of Approval. In case of failure to do so, the Approval Committee may take action to withdraw the Letter of Approval after giving an opportunity of being heard;)

Frequently Asked Questions

What are the mandatory charges payable for registration on the SEZ Online portal?

Yes, GIFT City welcomes both domestic and international companies. Foreign companies can establish operations in GIFT City, taking advantage of the business-friendly environment and incentives offered.

What types of businesses are encouraged to set up in GIFT City?

GIFT City with its aim of creating a sustainable, transparent and inclusive framework is particularly focused on attracting businesses in the financial services, banking, insurance, asset management, and technology sectors. It aims to create a diversified business ecosystem in India with a global outlook.

With infrastructural access and tax advantages, setting up a successful business in India through the SEZ route in GIFT city is a worthwhile alternative to explore. Having assisted diverse corporate clientele in drafting user-agreements, incorporating a company in India and securing mandatory licenses, Compliance Calendar’s bouquet of services are unparalleled in helping you setting up your business in the GIFT City, Gujarat.