Place of Effective Management (POEM) Meaning - Taxation of Non Resident +91-9667714335

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Place of Effective Management (POEM) Meaning - Taxation of Non Resident - CA Arinjay Jain

(POEM) Place Of Effective Management Meaning

“Place of Effective Management is an internationally acceptable test to determine, whether a company incorporated in a foreign jurisdiction, is a tax resident of another country.”

Place of effective management means a place where : –
1. Key management, and commercial decisions
2. that are necessary for the conduct of the business of an entity as a whole are,
3. in substance made.

Points to remember : –

1. The criteria for determination of POEM are the place where management and commercial decisions are taken;
2. Such management and commercial decisions should be key to the entire business operations of the entity. If the decision relate to routine operations, these would not be relevant for the determination of POEM.
3. The relevant place is of where the decisions have been in substance

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