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Hemant Baldewa (Associate)     16 February 2014

Association of person/trust query

Dear Sir,

 
We needed some clarifications on ODI matters with relation to one of our clients who seeks to invest in Kenya. the facts are as below
 

A group of individual wants to form an AOP or trust whereby trustee will invest money outside India to earn profits

The trust (owner) with consent of all trustees and beneficiaries want to invest in 'construction' of Residential projects in Kenya. 'The Trust will deposit the money with a Kenyan registered builder and he will use it to construct the residential project. The returns after the completion and sale of project will be shared with this trust in mutually decided profit - sharing ratio and profit + principle investment will be brought back to India'


 

The set of clarifications we require are:

1)     Can AOP/ trust be newly created and formed with objects to invest in construction of residential properties outside India?

2)     If not, can AOP / trust with different objects also invest in property outside India?

3)     Is there any specific limit to an amount to be invested in the project?

4)     Whether AOP/ trust object clause should have mention about Investment in Kenya?

5)     What would be the tax implications of the same when the money is bought back to India?

 

 

Thank you



Learning

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