Compliance code of India: Legal and tax compliance
Legal Compliance in India
Legal compliance is the process or procedure to ensure that an organization follows relevant laws, regulations and business rules. The definition of legal compliance, especially in the context of corporate legal departments, has recently been expanded to include understanding and adhering to ethical codes within entire professions, as well. There are two requirements for an enterprise to be compliant with the law, first its policies need to be consistent with the law. Second, its policies need to be complete with respect to the law. The role of legal compliance has also been expanded to include self-monitoring the non-governed behavior with industries and corporations that could lead to workplace indiscretions. It is also important to realize that within the legal compliance framework, legal teams work closely with executive teams and other business departments to align their goals and ensure proper communication.
Legal Compliance Manual
Legal Compliance Manual put together by the Indian Institute of Corporate Affairs (IICA) contains a list of compliances required to be carried out on the part of businesses that arise under various central and state legislation.
The Legal Compliance Manual is divided into various sub-categories to cover respective legal requirements, namely:
It is indeed a useful tool for practitioners and businesses given the plethora of legal compliance required on their part while operating in India.
Tax Compliance in India
Tax compliance is a complex phenomenon that is governed by a variety of factors. Some of these factors are tax rates, complexity of laws, procedures, forms and returns, the efficiency of tax administration including tax audits, and the legal consequences of non-compliance. The reforms in indirect taxes in the last two decades may have reduced the cost of compliance. Herein, the compliance cost is taken as a percentage of the total cost of running the business.
Tax Compliance Review
Tax Compliance Review (TCR) is an audit of the compliance requirements of tax laws covering besides correct payment of taxes and duties, complete availing of concessions, benefits, subsidies, exemptions and credits. TCR is a mechanism to ensure correct payment of taxes and helps businesses devise sound strategies for smooth functioning within the framework of different laws. In most businesses, in-house expertise is not sufficient to achieve these objectives. Fortified by a strong background in tax laws and litigation, Lakshmikumaran&Sridharan undertakes high-quality TCRs for clients.
TCR enables clients to maximize benefits, identify opportunities and exposures for taking corrective action. It ensures correct payment of duties/taxes, assessment of the training requirements and changes required in the business processes. The TCR team works closely with clients to understand their particular needs and deliver specific solutions.
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