PERMANENT ESTABLISHMENT. 1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
PERMANENT ESTABLISHMENT. Neither the Company nor the Company Subsidiary has or has had a permanent establishment in any foreign country, as defined in any applicable Tax treaty or convention between the United States of America and such foreign country.
PERMANENT ESTABLISHMENT. 1. For the purposes of this Convention, the term "Permanent Establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on.
PERMANENT ESTABLISHMENT. See treaty text. This Article defines the term “permanent establishment”. The profits of an enterprise of one of the Contracting States can only be taxed on an arising basis in the other Contracting State to the extent that they are attributable to a permanent establishment in that other State. This Treaty broadly uses the OECD and UN definitions. Three types of permanent establishment are envisaged: A fixed place of business, a service permanent establishment and an agency permanent establishment. Fixed placed of business In this context a “permanent establishment” means a fixed place of business through which the business of the enterprise is wholly or partly carried on. The list of types of establishment particularly included follows the UN Model and involves: • A place of management; • A branch; • An office; • A factory; • A workshop; • A mine, an oil or gas well, a quarry or any other place of extraction of natural resources; and • A building site, construction or assembly or installation project which lasts for more than six months. Supervisory activities in connection with such activities are also included. Note the departure here from the more usual period of 12 months, reflecting the use of the UN Model Convention. According to the OECD Commentary, a “fixed place of business” means to be established at a distinct place with a certain degree of permanence, however, it could be a pitch in a market place, or even part of the premises of another enterprise. There is no requirement that the premises be owned. The Commentary offers the example of an employee of Company A who is allowed to use an office at the premises of Company B. This could create a permanent establishment for Company A in the country of Company B if the arrangement persists for long enough and if the employee is carrying out activities which are more than merely “preparatory or auxiliary” (see below). The OECD considers that to be fixed, a place of business must be at a specific geographic point. However, if the permanent establishment consists of mechanical equipment only, then there is no requirement for mechanical equipment to be fixed to the soil. As to what constitutes a reasonable period of time to give the necessary degree of permanence, most countries will not consider a presence of less than six months to give rise to a fixed place. The usual exclusions from the definition of permanent establishment are given so that the following will not constitute a permanent establishmen...
PERMANENT ESTABLISHMENT. 1. For the purposes of this Convention, the term “permanent establishment” shall signify a fixed place of activity through which a person with permanent residency in a Contracting State conducts activities wholly or partially in the other Contracting State.
PERMANENT ESTABLISHMENT. 1. For the purposes of this Agreement, the term “
PERMANENT ESTABLISHMENT. 1. The purposes of this Convention, the term "
PERMANENT ESTABLISHMENT. Except as set forth on Section 4.12(i) of the Disclosure Letter, none of the Acquired Companies has or has had a permanent establishment in any foreign country, as defined in any applicable Tax treaty or convention between the United States of America and such foreign country.
PERMANENT ESTABLISHMENT. No Company Group Member is subject to Tax in any jurisdiction other than the country in which such Person was incorporated or formed by virtue of having a permanent establishment (within the meaning of an applicable income Tax treaty) or other fixed place of business in such jurisdiction.
PERMANENT ESTABLISHMENT. None of the Credit Parties has or has ever had a permanent establishment in any foreign country as defined in any applicable Tax treaty or convention between the United States of America and such foreign country.
