Income Tax

CBDT invites comments on committee’s report on Profit Attribution to PE in India

CBDT invites comments on report on Profit Attribution to PE in India. The Committee had examined the existing scheme under Article 7 of DTAAs, and recommended changes in Rule 10

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, 18th April, 2019

PRESS RELEASE

CBDT invites stakeholder comments on report pertaining to Profit Attribution to Permanent Establishment(PE) in India

Taxation of non-residents in India is governed by the provisions of the Income-tax Act, 1961 (“the Act”) and the provisions of the Double Taxation Avoidance Agreement(s) [DTAA(s)] concluded or adopted by the Central Government under the powers conferred under Section 90 or 90A of the Act, respectively. The business income of a non-resident can be taxed in India if it satisfies the requisite thresholds provided under the Act as well as the threshold provided in the applicable tax treaty, by a concept of Permanent Establishment (PE), which is defined in Article 5 of Model Tax Conventions and tax treaties. Under Article 7 in the Indian treaties, profits are to be attributed to the PE as if it were a distinct and separate entity on the basis of the accounts of the PE and where such accounts are not available to enable determination of profits attributable to the PE, the profits attributable to the PE can be determined under the domestic laws. For the application of this method, the Assessing Officer in India can resort to Rule 10 of Income-tax Rules, 1962.

Recognizing the significance of issues relating to attribution of profits to a permanent establishment as well as the need to bring greater clarity and predictability in the applicable tax regime, a Committee was formed to examine the existing scheme of profit attribution to PE under Article 7 of DTAAs and recommend changes in Rule 10 of the Income-tax Rules, 1962. The Committee has submitted its report and it has been decided to seek suggestions/comments of the stakeholders and the general public. For this purpose, the notice seeking suggestions/comments of the stakeholders and the general public alongwith the report of the Committee on profit attribution has been placed in public domain and can be accessed at www.incometaxindia.gov.in. Suggestions/comments on the same may be furnished electronically at the email address usfttr-1@gov.in within 30 days of the publication of the aforementioned document on the website of the Department.

(Surabhi Ahluwalia)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT.

Download Report on Profit Attribution to PEs Click Here >> 

Share

Recent Posts

  • Income Tax

Requirement of DIN referencing in Income Tax notices etc. and exceptions

CBDT has issued revised requirements of DIN referencing in Income Tax notices etc. and exceptions Section 292B of Income Tax…

5 hours ago
  • Income Tax

Applicability of deeming fiction u/s 50C when property purchased & sold within same year

When property purchased and sold within same year both sale and purchase price has to be adopted by applying same…

6 hours ago
  • ICAI

ICAI defers the effective date of Standard on Quality Management SQM1 and SQM2

ICAI defers the mandatory effective date of SQM 1 and SQM 2 The Council of ICAI, at its 451st Meeting…

8 hours ago
  • Income Tax

Addition based on letter of District Magistrate not recovered during search deleted

Addition deleted as it was made on the basis of letter of District Magistrate which not recovered during the search…

18 hours ago
  • Income Tax

CBDT clarification on threshold for TDS on interest by banks under Income Tax Act 2025

Banks not required to deduct TDS under Income Tax Act 2025 on interest income below threshold limit - CBDT clarification …

20 hours ago
  • Income Tax

Allegations of delay in TDS deposit & person responsible must be tested at trial

Allegations of delay in TDS deposit, role of person responsible are disputed factual matters which must be tested at trial…

1 day ago