Foreign nationals employment in india

khushbu (Querist) 27 August 2014 This query is : Resolved
Can a Sole Proprietor based in India can employ a Foreign National as an employee in India?

Can a Company and LLP employ Foreign National as an employee in India?

Also if it is better to go for company or LLP in case they want to employ more Foreign Nationals in India?

Thanks in advance.

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Anirudh (Expert) 27 August 2014
There is no bar for employing a foreigner either by a proprietory concern or by any other entity. However, one has to with hold tax in respect of the payment made to the non-resident in accordance with the I.T. Act.

LLP has nothing to do with employing one or more foreign employees.