CA Final · Direct Tax Laws & International Taxation · Overview of Model Tax Conventions
Under the OECD Model Convention, Article 7 on business profits, which statement correctly describes taxation of profits of a non-resident enterprise carrying on business in India through a PE?
India may tax only the profits attributable to the permanent establishment. Article 7 of the OECD Model restricts source taxation of business profits to what the PE would have earned as a separate and independent enterprise, so global profits of the non-resident enterprise cannot be taxed.
- AIndia may tax only the profits attributable to the PECorrect
- BIndia may tax all global profits of the enterprise
- CIndia may tax only profits if the enterprise is incorporated in India
- DIndia may tax profits only if the PE exists for more than 12 months, irrespective of nature
Explanation
Article 7(1) allows the source State to tax business profits of a non-resident enterprise only to the extent attributable to the PE there. Taxing global profits contradicts this. Incorporation in India would make it resident, and the 12-month test applies only to specific PE types, not general business profits.
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