International taxation

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Vinod Kumar (Querist)
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29 May 2020 Please anyone tell me about POEM(place of effective management), PE(permanent establishment) and Business connection in India. What is difference between these three words and where, they are used ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 May 2020 1 The place of effective management is the place where key management and commercial decisions that are necessary for the conduct of the enterprise's business are in substance made.
A foreign company would be resident in India in any previous year if its POEM in that year is in India.
2 A permanent establishment (PE) is a fixed place of business which generally gives rise to income or value-added tax liability in a particular jurisdiction.
3 Section 9 of IT Act: Broadly speaking, business income of a foreign company or other non-resident person is chargeable to tax to the extent it accrues or arises through a business connection in India or from any asset or source of income located in India, and to the extent such income is attributable to the operations carried out in India.

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