
Family office setup in India does not need a licence: there is no dedicated family office law, and SEBI said in October 2025 that it is not pursuing one. A family builds its office from ordinary vehicles, usually a private trust for succession, an LLP or private company to hold investments, and, for global investing, a GIFT City Family Investment Fund. The real work is choosing the right mix and avoiding the RBI, LRS and FEMA rules that catch families out.
This guide is for promoter families, typically after a liquidity event or as the next generation starts to live abroad, who want to know which structure fits, what it costs to run and what to do first. If part of the family is already in the UAE, our guide to setting up a family office in Dubai for an Indian family covers the other side of that decision.
A family office is the team and structure that manages a family's wealth as one balance sheet rather than as scattered accounts. In an Indian business family it typically handles investment allocation outside the operating business, tax and FEMA compliance, consolidated reporting, real estate and private holdings, philanthropy, and the governance that decides who controls what when the next generation takes over.
There are three working models:
Many families start with the embedded model and move to a full SFO once the investable pool and the number of family members make the fixed cost worthwhile.
Most Indian family offices of real scale combine vehicles rather than choose one. Each does a different job, and the right combination depends on whether the goal is succession, investing in India, investing abroad, or all three.
| Vehicle | Best used for | Tax position (general) | Main watch-out |
|---|---|---|---|
| Private family trust (Indian Trusts Act, 1882) | Holding operating company shares and family assets for succession; ring-fencing | A discretionary trust is generally taxed at the maximum marginal rate; a trust with fixed, known shares is taxed by reference to the beneficiaries | Cannot use LRS; foreign investment into a private trust is not permitted, so NRI members cannot fund it from abroad |
| LLP (LLP Act, 2008) | Investment holding vehicle for the liquid portfolio; flexible profit sharing among family branches | 30% plus surcharge and cess on income; profit share is not taxed again in the partners' hands | No LRS route; can invest abroad only within the overseas investment rules for Indian entities |
| Private limited company (Companies Act, 2013) | Holding company above operating businesses; investing with a corporate balance sheet | 22% under the concessional regime (about 25.17% with surcharge and cess); dividends paid out are taxed again in shareholders' hands | RBI NBFC registration if the 50-50 financial assets and income test is met |
| GIFT City Family Investment Fund (IFSCA) | Pooling one family's money to invest globally and in India in US dollars | IFSC regime; how it applies depends on the fund's structure and income | USD 10 million corpus within three years; single family only; licensing has been slow |
| Overseas vehicle (for example in Dubai) | Family members who are non-resident and want an offshore investment base | Depends on the jurisdiction and on where the vehicle is managed | Indian residents investing in it need ODI or LRS compliance; management in India can make it Indian resident |
Tax rates above are the general rates published by the Income Tax Department. Listed equity gains are taxed at 12.5% long term (above ₹1.25 lakh) and 20% short term, as set by the Finance (No. 2) Act, 2024, whichever vehicle holds them, so the vehicle choice matters most for business income, dividends, distribution to the family and succession. The Income-tax Act, 2025 took effect on 1 April 2026 and renumbered most provisions, so older guides cite section numbers that no longer exist.
The trust usually sits at the top for succession. Our guide to offshore trusts and succession planning for internationally mobile Indian families explains when an Indian trust is enough and when part of the structure belongs offshore. The case for separating holding and operating layers is set out in holding vs operating companies.
SEBI: generally no, as long as the office manages only the family's own money. SEBI stated on 3 October 2025 that reports of it planning to regulate family offices were incorrect and that it was not examining the matter. Registration becomes relevant if the office starts managing money for people outside the family, pooling outside capital or charging advisory fees, at which point portfolio management, investment adviser or alternative investment fund rules can apply.
RBI: this is the trap. The RBI's FAQs on NBFCs (updated April 2025) state that a company is in the business of finance when its financial assets are more than 50% of total assets and income from financial assets is more than 50% of gross income. A company meeting both tests must register as an NBFC under section 45-IA of the RBI Act, 1934. A family investment company holding shares, bonds and mutual funds, with dividend and interest income, can easily cross both lines.
There is a narrower route for holding companies. A core investment company that holds at least 90% of its assets in group companies, with an asset size under ₹100 crore (aggregated across the group), is exempt from registration, according to the RBI's core investment company directions. That helps a pure holding company above the family's operating businesses. It does not help a company running a diversified portfolio. NBFC registration applies to companies, which is one reason many families hold the liquid portfolio in an LLP instead.
Resident Indian money leaves India through one of two doors, and both are narrower than most families expect.
The practical consequence: an Indian family trust cannot simply move part of its portfolio to New York or Singapore. Global allocation has to be planned person by person under LRS, entity by entity under the overseas investment rules, or through family members who already live abroad.
A GIFT City Family Investment Fund is a fund in India's International Financial Services Centre that pools one family's money and invests it in US dollars, in India and abroad. Under the IFSCA framework, a "single family" covers individuals who are lineal descendants of a common ancestor with their spouses and children, plus entities the family controls with at least 90% economic interest. The FIF registers as an Authorised Fund Management Entity, is exempt from the USD 75,000 net worth requirement that applies to other authorised managers, and must reach a corpus of USD 10 million within three years. It cannot take money from outside the family.
What has changed in 2026:
The funding arithmetic matters more than the tax. A USD 10 million corpus in three years is about USD 3.3 million a year. Two resident parents using their full LRS limits can send USD 500,000 a year between them. Even six resident adults reach only USD 1.5 million. FIFs therefore tend to work for families where non-resident members or overseas family entities, which are not bound by LRS, provide much of the capital, or where Indian companies can contribute within the overseas investment rules. Our GIFT City corridor page covers the wider IFSC regime and how it compares with Singapore and Dubai.
Family members who live in Dubai, London or Singapore are usually the reason a family office becomes cross-border, and the rules treat them very differently from resident members.
There is no official cost benchmark, and published ranges are practitioner estimates rather than audited data. Dealplexus, for example, puts annual running costs at ₹60 lakh for a lean setup to ₹3 crore or more for a full team, and argues that a single family office makes sense only above ₹100 to 150 crore of investable assets. Treat any such figure as a starting point for your own budget, not a rule.
The better way to decide is to build the budget yourself and express it as a percentage of the assets the office will manage:
| Cost line | What drives it |
|---|---|
| People | Head of the office or CIO, an accountant or finance manager, and a compliance or company secretarial resource; the largest line in almost every office |
| Professional advice | Trust deeds, LLP agreements, FEMA filings, tax returns for every vehicle and every family member, audit |
| Reporting and technology | Consolidation across banks, brokers, private investments and countries |
| Regulatory | Nil for a private trust or LLP; NBFC compliance if a company must register; IFSCA fees and local substance in GIFT City for an FIF |
| Hidden cash cost | TCS on LRS remittances above ₹10 lakh, recoverable but locked up until the return is processed |
A simple test: if the office will cost ₹1.2 crore a year and manage ₹150 crore, it costs 0.8% of assets every year before any investment fee. It has to earn that back through better allocation, lower product costs, tax efficiency or avoided mistakes. If it cannot, a multi-family office or an embedded model is the honest answer.
Consider a hypothetical family: the promoter couple live in Ahmedabad and hold 60% of a manufacturing company; after a partial stake sale they have ₹150 crore of liquid assets. Their son lives in Dubai and is a UAE tax resident; their daughter lives in India and works in the business.
The numbers are illustrative. The pattern is common: the structure is decided by where people live and how the money can legally move, not by which vehicle has the lowest headline tax rate.
A family office is a governance decision first and a tax decision second. We start with the family: who lives where, who will run the business, what each branch needs, and how decisions will actually be made. Then we choose vehicles that fit those facts, check each one against the RBI, LRS, FEMA and residence rules, and only then look at tax. Tax follows functions, risks and substance, and a structure that does not match how the family really behaves will not hold up when a member moves country or a regulator asks questions. Greenwolf's offshore tax and wealth structuring team designs and implements trusts, holding vehicles and cross-border structures for business families across India, the UAE and the UK, and keeps the compliance running afterwards.
Planning a family office for a family spread across India and abroad? Talk to our team before you settle the first trust or move any money.
This article is general information, not advice for a specific case.
Author – Team Greenwolf
21 October, 2026 | 13 Min Read
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