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Register a Company in India from Italy

The EU-India Free Trade Agreement was concluded in January 2026 after 19 years of negotiations. Over 600 Italian companies already operate in India. Bilateral trade crossed $13.8 billion in FY25. Here is how to set up your Indian entity.

14 min readManu RaoUpdated Mar 2026

Diaspora

200,000-210,000

Currency

EUR

FDI Route

Automatic route for most sectors

DTAA

India-Italy DTAA signed 1993, in force since 1995

By Manu Rao | Updated March 2026

At a Glance

Indian Diaspora200,000-210,000
FDI RouteAutomatic route for most sectors
DTAA15% dividend withholding
Document AuthenticationApostille (Hague Convention member)
Realistic Timeline6-8 Weeks
CurrencyEUR

Why Italian Investors Are Moving Into India

Italy and India have been trading partners for decades. But January 27, 2026, changed the game. The European Union and India concluded a Free Trade Agreement after nearly two decades of stop-and-start negotiations. Italy, as an EU member, is party to this deal. Once ratified, it will cover over 90% of traded goods with tariff reductions on both sides.

Bilateral trade between India and Italy reached $13.84 billion in FY 2024-25, with a compound annual growth rate of 12.64% over the last five years. Italy is India's 4th largest trading partner in the EU. The trade balance has been in India's favor since the early 1980s.

Over 600 Italian companies are present in India. Fiat built a $150 million technology hub in Hyderabad. Enel Green Power invested $65 million in renewable energy projects and plans another $585 million. Ferrovie dello Stato Italiane invested Euro 207 million to upgrade the Delhi-Jaipur railway line. Maire Tecnimont put $255 million into a plastic recycling project in Gujarat.

These are not test-the-water investments. They are long-term bets on India's manufacturing, energy, and infrastructure growth.

The Indian diaspora in Italy is the third largest in Europe. About 200,000 to 210,000 Indians live in Italy, with 157,695 NRIs and 45,357 Persons of Indian Origin per MEA data. The community is concentrated in northern Italy, with Lombardy hosting 30.3% of the Indian population. Most come from Punjab, Haryana (Sikh community in agriculture), and Kerala (nursing and service roles).

Italy is the 19th largest foreign investor in India with $3.61 billion in cumulative FDI from April 2000 to March 2025 (DPIIT data). With the EU-India FTA set to boost market access and reduce tariffs, that number should grow.

Choose Your Entity Type

Italian investors have a clean regulatory path. No Press Note 3 restrictions. Italy does not share a land border with India. Automatic route FDI is available in most sectors.

FeaturePrivate Limited CompanyLLPBranch OfficeLiaison Office
FDI RouteAutomatic (most sectors)Automatic (some sectors)RBI approvalRBI approval
Minimum Directors/Partners2 directors, 1 resident2 partners, 1 residentAuthorized representativeAuthorized representative
Residency RuleDirector: 120+ days in India in preceding calendar yearPartner: 120+ days in India in preceding calendar yearN/AN/A
Annual AuditYes, mandatoryIf turnover exceeds Rs 40 lakh or contribution exceeds Rs 25 lakhYesYes
Compliance LoadHigh (board meetings, AGM, multiple filings)ModerateModerateLow
Can Raise EquityYesNoNoNo

For most Italian investors, a Private Limited Company is the right structure. It supports equity investment from Italy, aligns with EU holding structures, and gives flexibility for future fundraising in India.

Italian luxury brands and fashion houses entering the Indian market often use a Private Limited subsidiary or a joint venture with an Indian partner. Gucci entered through a joint venture with the Murjani Group.

If you are setting up a consulting or professional services firm, an LLP is lighter on compliance. But it cannot raise external equity and faces sector restrictions under DPIIT policy for foreign-invested LLPs.

FDI Route and Sector Rules

Italy is not on the Press Note 3 list. All Italian FDI follows the standard automatic and government approval routes based on the sector, not the country of origin.

Automatic route (100% FDI): IT and software, manufacturing, healthcare and pharmaceuticals, e-commerce (marketplace model), food processing, renewable energy, construction development (subject to conditions), single-brand retail (up to 100% with conditions above 49%), and financial services (subject to SEBI/RBI regulations).

Government approval required for: defence above 74%, media and broadcasting, multi-brand retail trading, print media, and mining of certain minerals.

Prohibited sectors: atomic energy, lottery, gambling, chit funds, Nidhi companies, trading in transferable development rights, real estate business, and tobacco products.

Where do Italian companies invest? Based on over 600 Italian companies in India, the main sectors are automotive and components (Fiat/Stellantis, Piaggio, Magneti Marelli, Brembo), fashion and luxury goods (Gucci, Prada, Armani, Benetton), renewable energy (Enel Green Power, Building Energy), railways and infrastructure (Ferrovie dello Stato), machinery and capital goods (textile machinery, food processing equipment), chemicals and petrochemicals (Maire Tecnimont), and food and beverages (Lavazza, Barilla, Ferrero).

Single-brand retail is particularly relevant for Italian luxury brands. 100% FDI is allowed in single-brand retail, but if FDI exceeds 49%, the company must source 30% of goods from India. This local sourcing requirement affects how Italian fashion houses structure their India operations.

Step-by-Step Registration Process

1

Choose Entity Type and State Pick your structure. Pick your state. Maharashtra (Mumbai, Pune) and Karnataka (Bengaluru) are popular for Italian tech and manufacturing companies. Delhi for corporate offices. Gujarat for heavy manufacturing and chemicals.

2

Obtain Digital Signature Certificate (DSC) Each proposed director needs a DSC. Foreign nationals provide a passport and do a video verification call. Takes 1-3 days. The timezone difference between Italy and India is 3.5 hours (4.5 hours during European summer time), which is manageable for coordination.

3

Apply for Director Identification Number (DIN) Bundled into SPICe+. No separate filing. MCA simplified this under the Companies (Incorporation) Rules, 2014 as amended.

4

Reserve Company Name Use the MCA RUN service. Two name choices. 1-4 working days for approval. Avoid generic or commonly used names.

5

Prepare and Notarize Documents Prepare the MOA, AOA, director declarations under Section 152 of the Companies Act 2013, and proof of registered office in India. For Italian directors, documents must be notarized by an Italian notary (Notaio).

6

Apostille Your Documents Italy is a founding member of the Hague Apostille Convention, having ratified it in 1965. The apostille system is well-established.

Where to go depends on your document type. For judicial and civil status documents (birth certificates, marriage certificates): submit to the Procura della Repubblica (Public Prosecutor's office) at the competent court. For educational documents and certificates signed by public officials: submit to the Prefettura (Prefecture) in the relevant province. Italy does not charge any fee for apostilles.

Timeline: 1-5 working days. Many offices process apostilles in 1-2 days or even same day for walk-in submissions. Italy has one of the fastest apostille systems among Hague Convention members.

7

File SPICe+ with MCA SPICe+ covers incorporation, DIN, PAN, TAN, EPFO, ESIC, and GST provisional registration. Filing to Certificate of Incorporation: 5-15 working days.

8

Receive Certificate of Incorporation MCA issues the Certificate with PAN and TAN. Company legally exists from this date. You can then open a bank account and start operations.

Document Checklist and Authentication

  • Passport copy (all pages, notarized by Italian Notaio)
  • Address proof (utility bill or bank statement, less than 2 months old, notarized)
  • Passport-size photographs
  • Bank reference letter or last 6 months' bank statements
  • Board resolution or authorization letter (if corporate shareholder)
  • MOA and AOA (drafted and notarized)
  • Director declarations (INC-9)
  • Proof of registered office in India (lease agreement or utility bill)

All Italian documents need apostille. Italy's apostille system is free and fast. The Procura della Repubblica handles judicial and civil documents. The Prefettura handles administrative documents. No fee is charged.

Documents in Italian must be accompanied by a certified English translation. MCA requires all submissions in English.

India-Italy DTAA: Tax Rates at a Glance

The India-Italy DTAA was signed in 1993 and entered into force in 1995. Here is what the treaty says:

Income TypeWithout DTAAWith India-Italy DTAA
Dividends (10%+ ownership)20%15%
Dividends (below 10% ownership)20%25%
Interest20%15%
Royalties20%20%
Fees for Technical Services20%20%

Let's be direct about this. The India-Italy DTAA is one of the least favorable among India's tax treaties.

Royalties and FTS at 20% give you zero rate advantage over the domestic rate under Section 115A of the Income Tax Act. The only benefit is avoiding surcharge and health and education cess, which would otherwise push the effective rate above 20%.

The 25% rate on dividends for portfolio investors (below 10% ownership) is actually worse than the domestic rate. If you are a small Italian investor with less than 10% in an Indian company, you are better off not claiming treaty benefits for dividends.

Interest at 15% offers a modest 5-percentage-point saving over the 20% domestic rate.

Dividends for substantial shareholders (10%+ ownership) at 15% offer a 5-percentage-point saving. Structure your ownership to clear the 10% threshold if dividend repatriation matters.

No "make available" clause exists in this treaty. All technical service fees are taxable at the treaty rate.

To claim whatever benefit exists, you need a Tax Residency Certificate (TRC) from the Italian tax authority (Agenzia delle Entrate).

One important note for Italian investors: Italy levies IVAFE, a 0.2% annual wealth tax on financial assets held abroad. Your shares in an Indian company are subject to this tax. For assets in countries classified as tax havens, the rate is 0.4% — but India is not on that list.

Realistic Timeline: 6-8 Weeks

Italian investors have a smooth path. No Press Note 3 delays. Italy's apostille system is one of the fastest. Here is the breakdown:

  • DSC + DIN: 1-3 days
  • Name reservation: 1-4 working days
  • Document preparation and apostille in Italy: 1-2 weeks (apostille itself can be same-day)
  • SPICe+ filing to Certificate of Incorporation: 5-15 working days
  • Bank account opening: 2-4 weeks (enhanced KYC for foreign-owned companies)
  • GST registration: 1-3 weeks

Total: 6-8 weeks. Budget 10 weeks with a buffer for bank account processing.

Italy's free, fast apostille system is a genuine advantage. Many other countries charge fees and take weeks. Italian investors can have documents ready in days.

Post-Registration Compliance Calendar

Annual obligations after incorporation:

  • Within 30 days of share allotment: File FC-GPR with RBI through your Authorized Dealer bank. Mandatory under FEMA.
  • Board meetings: Minimum 4 per year for Private Limited companies. Maximum 120 days between meetings.
  • AGM: By September 30 each year.
  • AOC-4: Within 30 days of AGM (financial statements).
  • MGT-7: Within 60 days of AGM (annual return).
  • Statutory audit: Mandatory every year.
  • Income tax return: Due by October 31 for companies requiring audit.
  • GST returns: Monthly GSTR-3B and GSTR-1 if registered. Quarterly option below Rs 5 crore turnover.
  • Transfer pricing: If your Indian subsidiary transacts with the Italian parent, maintain documentation under Section 92D of the Income Tax Act. This is especially relevant for Italian manufacturers sourcing from or selling to their Indian operations.

Bank Account Opening

Expect 2-4 weeks for a current account. Enhanced KYC applies for all companies with foreign directors or shareholders. You will need FATCA/CRS declarations and Authorized Dealer bank verification.

HDFC, ICICI, and Kotak are generally smoother for foreign-owned companies. Public sector banks add processing time.

Italy has no foreign exchange controls. The Euro is freely convertible. Capital transfers for investment in India require no prior Italian government approval. Italian companies must declare cash or securities transfers of EUR 10,000 or more to customs.

Profit Repatriation

Standard FEMA process. Methods: dividends, royalties, management fees, share buyback.

For each outward remittance: TDS deduction at DTAA rates (15% for dividends if 10%+ ownership, 15% for interest, 20% for royalties and FTS), Form 16A, CA certificate in Form 15CB, Form 15CA online, then Authorized Dealer bank processes the wire.

Planning note: because the DTAA rates for royalties and FTS (20%) offer no rate advantage, the only saving is avoiding surcharge and cess. For Italian companies paying royalties or technical service fees to their parent in Italy, the effective saving is roughly 1-2 percentage points compared to domestic rates with surcharge. Evaluate whether the compliance cost of claiming treaty benefits justifies this modest saving.

For dividends, structure your ownership to exceed 10% voting shares. The difference between 15% (10%+ ownership) and 25% (below 10%) is 10 percentage points. That is meaningful money.

Exit Strategy

If you need to close your India operations:

Strike-off under Section 248 of the Companies Act, 2013: For dormant companies. No business for two preceding financial years. Application to Registrar, public notice, 30-day objection window, then strike-off.

Voluntary liquidation under Section 59, IBC 2016: For active companies. Special resolution, insolvency professional as liquidator, 6-12 months.

Final repatriation of remaining capital to Italy requires RBI and FEMA clearance. The Euro being freely convertible simplifies the Italian end, but the Indian process takes time.

How Beacon Filing Helps

We handle the complete India entry process for investors based in Italian Republic. From initial structuring through post-incorporation compliance, here is what we cover:

Related Country Guides

Setting up from a different country? These guides cover similar territory:

Get in Touch

Setting up an Indian company from Italian Republic? Talk to us. No commitment, no generic sales pitch. We will walk you through the structure, timeline, and costs specific to your situation.

WhatsApp: +91 874 501 3644 | Email: hello@beaconfiling.com

Frequently Asked Questions

The EU-India FTA, concluded on January 27, 2026, covers over 90% of traded goods with tariff liberalization. Once ratified (expected 2026-2027), Italian companies exporting to India or importing from India will benefit from reduced duties. Chapters on investment protection, IP, and digital trade will also provide a cleaner legal framework for Italian investors in India.
The India-Italy DTAA was signed in 1993 when India's treaty network was less developed. The 20% rate on royalties and FTS matches the domestic rate, providing no rate advantage. The 25% rate on portfolio dividends is worse than domestic rates. There has been no protocol amendment. The EU-India FTA investment chapter may eventually provide an alternative framework, but the DTAA rates remain as they are for now.
If your single-brand retail FDI exceeds 49%, you must source at least 30% of the value of goods from India. This applies for the first 5 years, after which compliance is assessed on a cumulative basis. Italian luxury brands entering India through 100% FDI single-brand retail must plan their sourcing strategy carefully. Some brands work around this by sourcing leather goods, textiles, or accessories from Indian artisans.
Yes. Under Section 149(3) of the Companies Act, 2013, at least one director must have stayed in India for 120 or more days in the preceding calendar year. This is 120 days, not 182. Italian companies often appoint a trusted Indian professional as the resident director.
IVAFE (Imposta sul Valore delle Attivita Finanziarie all'Estero) is Italy's 0.2% annual wealth tax on financial assets held abroad. Your shares in an Indian company are subject to this tax. The rate was increased to 0.4% for assets in tax haven jurisdictions under a 2024 amendment, but India is not classified as a tax haven. The tax is calculated on the market value of the asset as of December 31 each year.
Italian companies sometimes use EU holding structures for tax efficiency. However, India's GAAR (General Anti-Avoidance Rules, in force since April 2017) and the Principal Purpose Test (PPT) under the MLI can challenge arrangements whose principal purpose is obtaining a tax benefit. The EU Anti-Tax Avoidance Directives also impose substance requirements on EU holding companies. If you lack genuine commercial substance in the intermediate jurisdiction, both Indian and EU authorities may disregard the structure.
Key Regulations
  • No Press Note 3 restrictions: Italy does not share a land border with India. Automatic route FDI in all permitted sectors.
  • EU-India FTA (January 2026): Concluded after 19 years. Covers 90%+ of goods with tariff reductions. Pending ratification (expected 2026-2027).
  • DTAA rates are high: 20% on royalties/FTS (no advantage over domestic rate). 25% on portfolio dividends (worse than domestic). Structure ownership above 10% for 15% dividend rate.
  • IVAFE: Italy's 0.2% wealth tax on overseas financial assets applies to shares in Indian companies.
  • Single-brand retail: 100% FDI allowed, but 30% local sourcing required above 49% FDI. Relevant for Italian luxury brands.
  • BIT terminated March 2017: EU-India FTA investment chapter expected to provide future investment protection.

Indian Embassy / Consulates

Embassy of India, Rome (Via Sicilia 136). Consulate General of India, Milan (Piazza Paolo Ferrari 8).

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