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
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