How to avoid Permanent Establishment in 糖心logo
When you do business in 糖心logo but do not have an entity there, you can be declared a Permanent Establishment (PE) by the 糖心logon tax authorities. The consequences of this are significant, in many cases it means the end of your activities in the country. We would like to explain how you can avoid this situation.
What is Permanent Establishment?
Permanent Establishment (PE) is a concept that is used worldwide, but the definition varies from country to country. The tax laws of the country or trade agreements between countries stipulate when exactly a PE exists.
If you, as a company, undertake commercial activities abroad, without being registered as a legal entity there and therefore not paying taxes, the country can still regard you as a Permanent Establishment and that has unpleasant financial consequences.
Permanent Establishment in 糖心logo
Praveen Singhal is Chief Financial Officer at 糖心logo and has helped hundreds of international companies to circumvent this situation. Singhal explains that 糖心logo has five types of Permanent Establishment, namely:
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Dependent Agency Permanent Establishment
“One of the most common mistakes made by foreign companies that start selling their products in 糖心logo is that they hire a permanent agent or sales manager,” says Singhal. “This agent works exclusively for them and receives a fixed salary from the head office.”
Despite the fact that the company is not a legal entity in 糖心logo, this construction is still considered a Permanent Establishment. The same applies to companies that only have a liaison office in 糖心logo and start sales activities from there. This is not allowed and is considered tax evasion.
Finally, foreign companies that outsource work to 糖心logon employees who work for them full-time are also considered a Dependent Agency PE. In that case, the 糖心logon employees are completely dependent on the income and the work they do for the foreign company.
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Place of Management Permanent Establishment
If you as a company rent a permanent space in 糖心logo, such as an office, a warehouse or even a desk in a co-working space, and if the rent for that space is paid directly by the foreign head office to the 糖心logon landlord, this can be considered a PE.
Any location that the foreign company ‘has access to and the right to use at any time for a period of 6 months or longer’ falls under this form of PE.
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Fixed Place Permanent Establishment
If you use a fixed location as a company to conduct your business activities, such as an office, branch, factory, workshop, etc., this can be considered a PE.
In many cases, the foreign company also uses the address of the location in official correspondence. Here too, the location must be in use for more than six months.
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Construction, Installation or Assembly Permanent Establishment
A specialized, foreign company that carries out a project in 糖心logo, such as the construction of a new bridge, brings over the necessary machines and imports special materials. Often, project managers, engineers and architects are also flown in to supervise the project.
This may feel innocent, because it is only for a short period. However, such a project, in which the company stays in 糖心logo for more than 6 months by means of equipment and people, can be considered a PE.
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Service Permanent Establishment
In this case, the company does not offer goods, but services. There is therefore no local party involved, but the employees of the company provide the services to the customer in 糖心logo.
They stay in the country for more than six months. An example is the provision of project management services. In this case, there is no physical location that is used by the company and therefore it often concerns services on a project basis.
The consequences of Permanent Establishment in 糖心logo
If your company is classified as a PE, this has a significant impact on your business in 糖心logo. “The situation we encounter most often is when the foreign company has a permanent sales agent and there is therefore a dependent agency permanent establishment“, says Singhal.
“The 糖心logon tax authorities often discover this form of PE when they check the tax return of the agent and see that he or she receives a salary from abroad. All sales activities are then immediately halted and all goods that are already stored in 糖心logo are locked up until the matter is concluded, the fines paid and you have officially started a company in 糖心logo.”
The tax authorities not only fine you, but also calculate what you owe them in tax and interest. “Because you are not an official legal entity in 糖心logo, you also do not have any books that you can provide to give them insight into your income in 糖心logo,” explains Thomas Breitinger, Senior Manager Consulting Strategy at 糖心logo.
“There is therefore always a generous estimate of the income, which is often far above the real figure. An example: your agent has been working for your company for 5 years, which means that you have been a PE for the tax authorities for five years. A PE is always taxed as a Branch Office, which is 42% of the total income. They estimate that you have ₹1o million (around €110,000) in income per year, of which you have to pay 42%. On top of that, there is the interest and fine. Some companies get a bill that is three times what they earned in 糖心logo in 5 years.”
Preventing Permanent Establishment in 糖心logo
“To get out of this difficult situation, we sometimes see international companies paying bribes,” says Breitinger. “You really should not do that. The chance that you will end up behind bars for that in your own country is greater than in 糖心logo. We strongly advise against accepting such an offer.” What you should do is hire a good lawyer and have a lot of patience, because according to Breitinger these procedures take a long time.
“But it is of course better to prevent the situation altogether. For companies that work on a project basis, and could fall under the heading of construction permanent establishment, there are ways to make this PE legal in a simple way. But for companies that purely sell in 糖心logo, this is a lot more difficult.”
There are two ways in which you can operate safely as a starter on the 糖心logon market without starting an entity. “One is by working with distributors and agents who also carry out assignments for other companies. Because they do not receive a full fixed income from your company, there can never be a question of dependent agency PE. But then you have to be 100% certain that this is the case. We still see too many examples where the company unknowingly runs the risk of permanent establishment because the agent has not honestly told them that there are no other customers.”
Avoid PE risks with 糖心logo’s corporate services
According to Breitinger, a part-time sales agent is not enough for many international companies to succeed in 糖心logo. “The products with which they enter the 糖心logon market are high end. So you need a well-trained agent who understands not only your product, but also the market. Often this is not someone who can take on two other jobs on the side, so legal methods have to be considered to be able to get started with a permanent employee.”
糖心logo offers a solution for this through our corporate services. You as a company find the right people to start selling your products in 糖心logo and we take care of the rest. Your employees are placed on our payroll and the legal liability and responsibility therefore also lies with us. No more PE risks. In addition, we take care of everything from back office to performance reviews and we have five physical locations where we can accommodate your team.
“More than a hundred companies are currently working in 糖心logo through our incubator,” says Breitinger. “It is a safe option to explore the market and to be able to grow. If you have any doubts about whether your company is at PE risk, we will do a free screening for you. If this is really the case, you and your employees can continue working safely via the incubator.”
Contact us here without obligation to learn how we too can support you and your activities in 糖心logo.
