Transfer Pricing Insider
Volume 2, Issue 3
Quick Links
Events
-
Trade Shows
- 12/1/2009
- TEI New York Symposium 09
White Papers
Newsletters
Ernst & Young Foreign Desk Roundtable: A Comparative Tax Tour of Asia
Source: WG&L Journal of International Taxation
Asia’s tax system has many nuances that differ significantly from those in North America and Europe. To help define and understand these nuances and their impact on countries doing business in Asia, Ernst & Young LLP recently brought together the U.S.-based Foreign Tax Desks 1 from Asia who have firsthand experience of the countries and understand the needs of U.S. multinational enterprises (MNEs) operating there. The panelists included Sanjay Chakrabarti (India), Sandy Chu (China), Jeff Hongo (Japan), Anthony Loh (Thailand), and Julian Wong (Malaysia). Lisa Lim, head of the Asia Pacific Business Group for Ernst & Young’s International Tax Services, moderated the roundtable. Journal Managing Editor Robert Gallagher also participated.
The discussion focused on three key topics that affect most Asia-bound companies: permanent establishment (PE); the implications of political changes and their impact on investment policies and tax policy, particularly in Thailand and Malaysia; and transfer pricing and tax controversy.
Permanent Establishments
Lisa: Let’s begin with permanent establishments (PEs). In a global economy, multinationals generally structure their international activities under a global business unit. People travel all over the world to visit their customers and vendors and to make sure their supply chain is operating effectively. But with travel comes the PE issue. And this has been very dear to the hearts of certain Asian governments. Some countries have been particularly aggressive as to how they will assert PE taxation on foreign corporations.
The country leading this movement is India. Sanjay, the Indian government has been visiting businesses and asserting PE, which led to a lot of cases going to court, even to the Supreme Court level. Some of these cases have achieved tax fame. What’s going on in India and what does it all mean to tax directors?
Sanjay: The government’s efforts to examine business operations and declare a PE in India are not particularly new. In fact, three recent judgments in this area—Morgan Stanley, Rolls Royce, and Galileo—each reflect a specific segment of triggering a PE.
In the Morgan Stanley case, it was the presence of employees that primarily created the PE. In the final ruling, the Supreme Court held that the people on socalled deputation to the Indian subsidiary of Morgan Stanley could trigger a PE.
Lisa: “Deputation” is a British term. In American lingo, it would be having a U.S. employee who is seconded to work in India
Twitter
Facebook
Twitter
Facebook