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Permanent establishment: fixed place, dependent agent, or activity nexus can create tax presence despite preparatory exceptions. The Article defines permanent establishment as a fixed place of business including enumerated examples and sets time based thresholds for construction and service provision PEs. It excludes purely preparatory or auxiliary activities (such as storage, display, purchasing, processing by another enterprise, or information collection) from constituting a PE. Agency rules deem an enterprise to have a PE where a non independent agent habitually concludes contracts, maintains a delivery stock, or secures orders for the enterprise; independent agents acting in their ordinary course are excluded. Insurance premium collection or risk insurance through non independent persons also constitutes a PE, while mere corporate control does not.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Permanent establishment: fixed place, dependent agent, or activity nexus can create tax presence despite preparatory exceptions.
The Article defines permanent establishment as a fixed place of business including enumerated examples and sets time based thresholds for construction and service provision PEs. It excludes purely preparatory or auxiliary activities (such as storage, display, purchasing, processing by another enterprise, or information collection) from constituting a PE. Agency rules deem an enterprise to have a PE where a non independent agent habitually concludes contracts, maintains a delivery stock, or secures orders for the enterprise; independent agents acting in their ordinary course are excluded. Insurance premium collection or risk insurance through non independent persons also constitutes a PE, while mere corporate control does not.
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