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- Permanent establishment (PE) rules determine when a business presence in a foreign country is considered taxable. Here are some key points about PE:
- An agent may be considered a PE if they habitually exercise authority to conclude contracts for an enterprise1.
- A PE is a fixed place of business through which the taxpayer's business is carried out2.
- If a corporation conducts business through an employee or agent in a particular place, it may be considered to have a PE there3.
- A PE creates a taxable presence for a company outside its country of establishment4.
Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.An agent in one country may be considered a permanent establishment of an enterprise of another country if:
- The agent is a dependent agent.
pro.bloombergtax.com/brief/permanent-establishm…As used in the U.S. model treaty, a permanent establishment is a fixed place of business through which the taxpayer’s business is wholly or partly carried on. Generally, the place of business must be “fixed” in the sense of a particular building or physical location through which the enterprise conducts its business.www.taxconnections.com/taxblog/u-s-tax-treaties-…If the corporation carries on business, including partnership business, through an employee or an agent established in a particular place, it is considered to have a permanent establishment in that place if either one of the following applies: the employee or agent has general authority to contract for the corporationwww.canada.ca/en/revenue-agency/services/tax/b…The practical meaning of a PE is that it creates a taxable presence for a company outside the company’s country of establishment. A PE must be duly registered with the local tax administration and separate accounting and tax filing must be arranged.kpmg.com/xx/en/home/insights/2022/11/flash-alert-… - People also ask
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Many treaties provide specific rules with respect to construction sites. Under those treaties, a building site or construction or installation project constitutes a PE only if it lasts more than a specified length of time. The amount of time varies by treaty.
In addition, the activities of a dependent agent may give rise to a PE for the principal. Dependent agents may include employees or others under the control of the principal. A company is gener…Wikipedia · Text under CC-BY-SA license- Estimated Reading Time: 10 mins
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