Whether Dubai company managed from India is a PE?

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I have a software-consulting company in the Dubai (100% owned by me). Apart from myself, there are no other employees of the company. And a simple tenancy contract for a coworking space in Dubai.

The software projects we do are all exports. That is the customers are not in UAE and also not in India.

I live in India (tax-resident), and manage the company from India. I sometimes hire contractors from India and other countries to help me with the work. At this point, at least 50% of the work is being performed by me. The Dubai company's revenue is way below the POEM threshold of 50 crores, it is just below 1 cr.

Does this imply that my Dubai company has a PE in India?

Replies (3)
As POEM is in India , it will be considered as resident company.

A company is considered as a resident in India during a previous year, if:

a) It is an Indian company, or

b) its place of effective management (POEM) during the year is in India

On the basis of the information furnished by you, we can conclude that the POEM of the company during the year is in India, therefore, the company will be a resident company.

Now, whether the Income will be taxable in India or not also depend on DTAA that India has signed with that company.

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
CA. Sorav Gupta
(Practicing Chartered Accountant)

I am pretty sure that it is not a resident company under PoEM (as of today), based on the information furnished above.

The question was about PE only.

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