Dear Members,
Can any company incorporated outside india has no PE in India pay salary to Resident Employee who will provide his services to company from india ?
Company will transfer funds in Bank account of Employee in India via TT directly from outside India.
Please suggest whether any issue to Employee or Company under Income Tax Act or FEMA ?
Thanks in Advance
The fact that the employee is in India and the company is outside India may invoke the existence of PE in India depending on the DTAA between India and the country. This query needs to be understood after considering all the facts. It is advisable to consult a tax expert outside the forum.
Naveen Fintech Pvt Ltd
Kolkata
CA Inter
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Gupta Sachdeva & Co. Chartered Accountants
New Delhi
CA Final
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CAclubindia
