Attribution Of Profits To Agency Permanent Establishments A Reconsideration Of The Arms Lenght Ie Length Criterion PDF Download

QUESTIONS: I. Issue Six: In the case of a turnkey contract for supply and installation, commissioning and testing of large equipment, e.g. power projects, involving both offshore and onshore legs of work: a. Do the Revenue Authorities of your country challenge the split of the contract between the offshore and onshore legs, for the purposes of attributing greater revenue to the onshore leg constituting a "fixed place of business installation PE" of the foreign company, even where the foreign company had entered into the contract with a rank third party customer? b. If the title of the equipment, which is supplied offshore, passes to the customer in the local country only upon completion of testing or commissioning thereof to the satisfaction of the customer, do the Revenue Authorities of your country attribute the entire profits relating to such offshore supply to the "fixed place of business installation PE" of the foreign company in the local country or do they restrict the attribution to only the functions of testing or commissioning, which are actually carried out in the local country? II. Issue Seven: If a foreign company creates a PE in your country for rendering services to local customers, would the Revenue Authorities of your country accept a "cost plus" method of attributing profits to such PE if the functional, asset and risk profile of the PE is that of a routine service provider; or would the Revenue Authorities always attribute the entire revenue received from the customer for rendering of such services to the PE? III. Issue Eight: Do the tax treaties generally executed by your country contain the concept of a "service PE"; and if so, under what circumstances would the existence of a "service PE" be triggered? IV. Issue Nine: If a foreign company outsources the execution of the entire contract for rendering services to a local customer in your country to any subsidiary company or third party entity in your country: a. Would the Revenue Authorities of your country treat such subsidiary company or third party entity as a PE of the foreign country, whether or not a "fixed place of business PE" or "service PE"? b. If the answer to part a. is in the affirmative, would the Revenue Authorities of your country attribute profits to the PE over and above the remuneration received by the subsidiary company or third party entity from the foreign company for rendering services to the local customer? V. Issue Ten: Do the tax treaties generally executed by your country contain the "force of attraction" clause; and if so, what is the general scope of operation of such clause?