Permanent establishment rules determine when a fixed place or dependent agent creates tax nexus, with agency and service exceptions. Permanent Establishment is a fixed place of business through which an enterprise carries on business, including management, branches, offices, factories, workshops, sales outlets, warehouses providing storage, agricultural sites, and extraction sites. Construction and installation projects and service provision create a permanent establishment only when they exceed specified temporal thresholds. Preparatory or auxiliary activities are excluded. Dependent agents who habitually conclude contracts, maintain delivery stock, or secure orders for the enterprise create a permanent establishment, whereas independent agents acting in the ordinary course do not. Insurance activities collecting premiums or insuring risks through non-independent agents also create a permanent establishment.
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 rules determine when a fixed place or dependent agent creates tax nexus, with agency and service exceptions.
Permanent Establishment is a fixed place of business through which an enterprise carries on business, including management, branches, offices, factories, workshops, sales outlets, warehouses providing storage, agricultural sites, and extraction sites. Construction and installation projects and service provision create a permanent establishment only when they exceed specified temporal thresholds. Preparatory or auxiliary activities are excluded. Dependent agents who habitually conclude contracts, maintain delivery stock, or secure orders for the enterprise create a permanent establishment, whereas independent agents acting in the ordinary course do not. Insurance activities collecting premiums or insuring risks through non-independent agents also create a permanent establishment.
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