https://www.taxtmi.com/circulars?id=54142 POEM determines company residency: it is where key management and commercial decisions for the business as a whole are, in substance, made. Companies meeting the "active business outside India" test (objective thresholds for passive income, assets, employees and payroll) are presumed to have POEM outside India if a majority of board meetings occur outside India unless real decision-making is exercised in India. For other companies POEM requires (1) identifying who actually makes key decisions and (2) locating where those decisions are made, with emphasis on board location, delegation, head office and senior management, and substance over form. en-us Wed, 23 Dec 2015 00:00:00 +0530 Wed, 23 Dec 2015 17:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/circulars?id=54142 POEM determines company residency: it is where key management and commercial decisions for the business as a whole are, in substance, made. Companies meeting the "active business outside India" test (objective thresholds for passive income, assets, employees and payroll) are presumed to have POEM outside India if a majority of board meetings occur outside India unless real decision-making is exercised in India. For other companies POEM requires (1) identifying who actually makes key decisions and (2) locating where those decisions are made, with emphasis on board location, delegation, head office and senior management, and substance over form. Circulars Income Tax Wed, 23 Dec 2015 00:00:00 +0530 https://www.taxtmi.com/circulars?id=54142