Debate is growing in India on the attribution of profits to business process outsourcing entities (BPOs) that are permanent establishments (PE) of foreign companies in India. Under Indian tax treaties, a non-resident has a PE if it carries on business through a dependent agent in India. A dependent agent is an entity in India that exercises authority to conclude contracts or secures orders on behalf of the non-resident and is legally or economically dependent on the non-resident. Treaties say profits attributable to a PE are taxable in India. There are conflicting views on the extent of the profits attributable to the PE.
February 01 2004