Master File & CbCR Obligations for Global Tech Groups With Indian Subsidiaries

Global technology groups with Indian subsidiaries face significant master file and Country-by-Country Reporting (CbCR) obligations under the Direct Tax Code (DTC) 2025. Understanding these obligations is essential for tech groups to ensure compliance and avoid penalties. This guide analyses the master file and CbCR requirements and provides practical compliance strategies.

The Master File Framework

Section 171 — Maintenance of Information and Documents

Section 171(1) requires every person who has entered into an international transaction or specified domestic transaction to keep and maintain such information and document in respect thereof and for such period and in such manner, as may be prescribed.

Rule 123 — Master File Requirements

Rule 123 of the Income-tax Rules, 2026 prescribes the specific information and documents to be maintained by constituent entities of international groups.

Threshold for Master File

Rule 123(1) provides that every person, being a constituent entity of an international group shall maintain the master file if:

1. The consolidated group revenue of the international group, as reflected in the consolidated financial statement for the accounting year, exceeds five hundred crore rupees; and
2. The aggregate value of international transactions:
   • During the accounting year, as per the books of account, exceeds fifty crore rupees; or
   • In respect of purchase, sale, transfer, lease or use of intangible property during the accounting year, as per the books of account, exceeds ten crore rupees

Filing Requirement

Rule 123(2) provides that the information and document specified in Rule 123(1) shall be furnished to the Joint Director referred to in Rule 124(1), in Form No. 56, on or before the due date for furnishing the return of income as specified under Section 263(1)(c).

The CbCR Framework

Section 511 — Furnishing of Report in Respect of International Group

Section 511 provides the statutory framework for CbCR in India.

Section 511(1) : Every constituent entity resident in India shall notify the prescribed income-tax authority whether it is the alternate reporting entity or the details of the parent entity or the alternate reporting entity.

Section 511(2) : Every parent entity or the alternate reporting entity, resident in India, shall, for every reporting accounting year, furnish a report within twelve months from the end of the said reporting accounting year.

Section 511(4) : A constituent entity of an international group, resident in India, other than the entity referred to in sub-section (2), shall furnish the report if the parent entity is resident of a country or territory:

• Where the parent entity is not obligated to file the report; or
• With which India does not have an agreement providing for exchange of the report; or
• Where there has been a systemic failure

Threshold for CbCR

Section 511(8) provides that the provisions of this section shall not apply to an international group for an accounting year, if the total consolidated group revenue, as per the consolidated financial statement for the accounting year preceding such accounting year, does not exceed six thousand four hundred crore rupees (approximately €750 million).

Rule 124(7) — Prescribed Threshold

Rule 124(7) prescribes that the total consolidated group revenue of the international group shall be six thousand four hundred crore rupees for the purpose of Section 511(8).

Contents of Master File

Rule 123(1) — Required Information

1. List of Entities: A list of all entities of the international group along with their addresses

2. Ownership Structure: A chart depicting the legal status of the constituent entity and ownership structure

3. Business Description:

   • Nature of the business or businesses
   • Important drivers of profits
   • Description of the supply chain for the five largest products or services
   • List and brief description of important service arrangements
   • Description of the capabilities of the main service providers
   • Details about the transfer pricing policies for allocating service costs
   • List and description of the major geographical markets
   • Description of the functions performed, assets employed and risks assumed
   • Description of the important business restructuring transactions

4. Intangible Property:

   • Description of the overall strategy for development, ownership and exploitation
   • List of all entities engaged in development and management
   • List of all important intangible property or groups of intangible property
   • List and brief description of important agreements
   • Detailed description of the transfer pricing policies
   • Description of important transfers of interest in intangible property

5. Financing Arrangements:

   • Detailed description of the financing arrangements
   • List of group entities that provide central financing functions
   • Detailed description of the transfer pricing policies related to financing arrangements

6. Financial Statements: A copy of the annual consolidated financial statement

7. Advance Pricing Agreements: A list and brief description of the existing unilateral advance pricing agreements and other tax rulings

Contents of CbCR

Section 511(3) — Required Information

The report shall include:

• Aggregate information in respect of the amount of revenue, profit or loss before income-tax, amount of income-tax paid, amount of income-tax accrued, stated capital, accumulated earnings, number of employees and tangible assets with regard to each country or territory
• Details of each constituent entity including the country or territory in which such constituent entity is incorporated or organised or established and the country or territory where it is resident
• The nature and details of the main business activity or activities of each constituent entity

Form No. 59

Rule 124(3) provides that the report shall be furnished in Form No. 59.

Application to Global Tech Groups

When Do Master File and CbCR Apply?

Global tech groups must comply with master file and CbCR obligations if:

1. They are an international group (two or more enterprises in different countries)
2. The consolidated group revenue exceeds ₹500 crore (master file) or ₹6,400 crore (CbCR)
3. They have a constituent entity in India

Common Indian Subsidiaries in Tech Groups

• Software development centres
• IT services centres
• Business process outsourcing centres
• Sales and marketing offices
• R&D centres

Typical International Transactions

• Provision of software development services
• Provision of IT services
• Licensing of intellectual property
• Management services
• Cost-sharing arrangements

Practical Compliance Strategies

1. Assess Applicability

• Determine whether the group is an international group
• Determine whether the group meets the master file threshold
• Determine whether the group meets the CbCR threshold

2. Gather Information

• Gather information on the group structure
• Gather information on the business, intangible property, and financing arrangements
• Gather financial statements

3. Prepare Master File

• Prepare the master file in Form No. 56
• Ensure completeness and accuracy
• Coordinate with group entities

4. Prepare CbCR

• Prepare the CbCR in Form No. 59
• Ensure completeness and accuracy
• Coordinate with group entities

5. File Timely

• File Form No. 56 on or before the due date
• File Form No. 59 within twelve months from the end of the reporting accounting year
• Ensure timely compliance

Penalties for Non-Compliance

Section 459 — Penalty

Section 459 provides for penalties for:

• Failure to furnish the report: penalties ranging from ₹5,000 to ₹15,000 per day
• Furnishing inaccurate information: penalty of ₹5,00,000

Section 442 — Penalty

Section 442 provides for a penalty of 2% of the value of each international transaction for failure to keep and maintain documentation.

Expert Legal Guidance

Anuj Desai & Associates provides comprehensive legal advisory services on master file and CbCR compliance for global tech groups. Our international tax experts help tech groups understand their obligations, prepare documentation, and navigate the regulatory framework. We assist in applicability assessment, document preparation, and representation before income-tax authorities.

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Disclaimer: This article provides general information and does not constitute legal advice. For specific guidance on master file and CbCR compliance or any other international tax matter, please consult qualified legal professionals.

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Need Expert Legal Guidance?

Navigating the complex master file and CbCR framework for global tech groups requires experienced legal counsel. At Anuj Desai & Associates, we provide comprehensive international tax advisory services, including:

• Applicability Assessment: Evaluation of master file and CbCR obligations
• Document Preparation: Assistance with Form No. 56 and Form No. 59 preparation
• Compliance: Guidance on ongoing compliance requirements
• Representation: Representation before income-tax authorities

Contact us for expert legal guidance on your master file and CbCR matters.

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