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Income, Sales & Service
Tax Filing for Companies.
Tax Consulting &
Planning Services for Companies.
Double TAX Avoidance
Services for Companies.
TDS Refund & Claiming
Services for Companies.
Business Formation &
Company Registration Services.
Various other
Personalized Services for Companies.
Few Tax Pointers for INTERNATIONAL COMPANIES:
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The tax liability of a
foreign company is dependant on (a) its tax liability under
the Income Tax Act & (b) The Double Taxation Avoidance
Agreement (DTAA) if any, between India and its home country.
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Foreign companies on the
other hand, are essentially taxed on the income earned
through a business connection in India or from other Indian
sources. Therefore if a foreign company does not have any
business connection in India, then business income of such
company cannot be taxed.
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The business connection does
not include cases where the business activity is carried out
through a broker, general commission agent or any other
agent having an independent status if such person is acting
in the ordinary course of the business.
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The term �permanent
establishment� includes a place of management, a branch, an
office, a factory, a workshop, a mine, oil well or other
place of extraction of natural resources, a building site or
construction or assembly project which exist for an agreed
period. However the term PE does not include certain
activities such as a sales office in which individuals do
not have the capacity to contract and whose primary
functions are simply advertising the products.
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In short a PE exists when a
company has a fixed place of business located in a foreign
jurisdiction through which activities of a company are
wholly or partially carried on.
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India has entered into DTAAs
with about 70 countries. The provisions of these agreements
take precedence over the provisions of the IT Act, except
insofar as the provisions of the IT Act are more beneficial
to the foreign companies. The agreements also provide for
concessional rate of tax in respect of royalties, dividend,
fees for technical services and interest.
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If foreign companies receive
Income from Indian companies by the way of royalties,
dividend, fees for technical services, then it is taxable in
India and in this case, it is mandatory for foreign
companies to file taxes in India.
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