This Week (Video Series) Episode 4, December 12 to 18, 2022

December 16 2022

Tax Treaty Controversy. This video critiques a judicial precedent, wherein attribution of income/ loss to a permanent establishment (PE) was approved without determination as to whether a PE indeed existed. The Indian ITAT held that since the taxpayer (at the entity level) had incurred loss, no (positive) income was attributable to the PE, if the PE existed. Hence, in the ITAT's view, it was not necessary to determine whether the taxpayer had a PE in India. 

For subscribers and patrons:

PE's deemed independence under Art. 7(2) of tax treaties: How far can we stretch it?

PE's deemed independence: A UK decision - fair play or treaty override?

For patrons:

Case Analysis: Income attribution must be commensurate with the PE's activities.

Canadian court decision: OECD Commentary was not legally binding

Important Disclaimer:

Efforts have been made to avoid errors or omissions in the content on this website. In spite of that, errors could creep in. Hence, you are advised to seek legal or professional advice where necessary. It is notified that, under any circumstances, neither the author nor any related person, entity, or service provider shall be responsible to anybody for any damage or loss.

Please also note that due to the nature of the subject-matter discussed on this website, the information contained within it and on any pages linked to/ from it may be subject to change, without notice.