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Place of Effective Management determines corporate tax residence and triggers Indian tax treatment where key decisions are made. Foreign companies are resident in India only if their Place of Effective Management (POEM) during the previous year is in India; POEM is determined by identifying who actually makes key management and commercial decisions and where those decisions are in fact made. Companies meeting the Active Business Outside India (ABOI) cumulative test-passive income 50% of total income, <50% assets and employees in India, and payroll for India based employees <50%-are treated as having POEM outside India; failing the test, board meeting location and de facto decision makers inform POEM.
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.
Place of Effective Management determines corporate tax residence and triggers Indian tax treatment where key decisions are made.
Foreign companies are resident in India only if their Place of Effective Management (POEM) during the previous year is in India; POEM is determined by identifying who actually makes key management and commercial decisions and where those decisions are in fact made. Companies meeting the Active Business Outside India (ABOI) cumulative test-passive income 50% of total income, <50% assets and employees in India, and payroll for India based employees <50%-are treated as having POEM outside India; failing the test, board meeting location and de facto decision makers inform POEM.
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