PE Setup Services

About This Plan

Setting up a Permanent Establishment is the first step towards scaling a business over International boundaries and its facilitation for Global Markets. Hence, Setup Services India is your quintessential partner to scale your business and set up its branches, entities, and establishments abroad with ease.

Our core team of experts helps you set up your temporary as well as permanent Business establishments in:

Asia Pacific

Hong Kong
India
Malaysia
New Zealand
Singapore

Europe, Middle East, Africa (EMEA)

Cyprus
Isle of Man
Jersey
Luxembourg
Malta
Mauritius
Seychelles
Switzerland
United Arab Emirates
United Kingdom

Americas and Caribbean

Bahamas
British Virgin islands
Canada
Cayman Islands
Panama
United States, Atlanta
United States, New York
United States, South Dakota
US Virgin Islands

How It's Done

To initiate the process of incorporating a foreign company, the following documents are generally required:

Documents required for individual Ultimate Beneficial Owner, Shareholder, Director, and Manager.
Passport copy
Proof of physical address (recent utility bill or bank statement in English)
Project description is required for certain activities (template will be provided)
KYC form (template will be provided)
Three (3) choices of company name

Documents required for Corporate Shareholder:

Certificate of Incorporation
MOA
Certificate of Incumbency
Board Resolution (template will be provided after pre-approval)

Information Guide

Why should you choose the sixth element finserv private Limited’s setup services India to help you in your business entity incorporations?

We take pride in our core values of reliability, responsiveness, attention to detail and personal service, as well as our ability to work in partnership with our clients to develop customized services for them. We believe we are well-positioned to be your service provider for the following reasons:

Independence:
We are a private organization that is and will continue to be owned by the families of its founders and is not owned by or indebted to any third party. We offer our clients a stable, sustainable, private partnership that will not be compromised by conflicts of interest or change in ownership.

Global resources and experience:
We are one of the independent global providers of corporate finance advisory & administration services. We bring a breadth and depth of knowledge, understanding, and experience across our global footprint that we believe cannot be matched.

Qualified, experienced team, offering exceptional stability:

We develop stable and accomplished teams across jurisdictions, enabling us to offer our clients the benefits of their experience and continuity of relationship and service. The average experience of our senior executives exceeds 15 years. We believe we offer one of the highest levels of professional qualification in the industry.

Vast footprint:

Our global footprint ensures we can service our global client base across the world’s time zones. Within our Group structure are multiple Client Liaison Offices (CLOs) that fulfill both a marketing and client relationship function and complement the services provided by our Indian offices. This operational structure ensures that we closely monitor the level of service provided by our various liaison offices. It has resulted in an enhanced level of service to our client base.

FAQs

What is Dependent Agency PE (DAPE)?

f a person resident in India represents or acts on behalf of the foreign enterprise, his presence in India may be regarded as the presence of a foreign enterprise in India and could trigger the establishment of a PE in India of that foreign enterprise.

The circumstances which lead to the creation of DAPE of the foreign enterprise in India are when ALL the following conditions are satisfied:

1) A person is dependent on the foreign enterprise

2) Such person acts on behalf of the foreign enterprise

3) He has the authority to conclude contracts on behalf of the foreign enterprise

4) He habitually exercises such authority to conclude contracts on behalf of the foreign enterprise

What is Permanent establishment (PE)?

Permanent establishment (PE) is created by business activity that is sufficient for a corporation to be viewed as having a stable and ongoing presence in a foreign country.

If the activity results in some type of locally created revenue, then the host country may impose corporate taxes at the local rate. As the term implies, ‘permanent establishment’ will be triggered by a company’s activities that reflect ongoing and persistent revenue creation, rather than sporadic or isolated business efforts.

What is Construction PE and Service PE?

In the case of a construction or installation project, a taxable event will arise in India only when the activities of a foreign enterprise constitute a "construction PE" in India. A Construction PE exists when the construction site or an installation project is carried out for a period more than the prescribed period under the respective Tax Treaty with that country.

What is the concept of Permanent Establishment?

The concept of Permanent Establishment is one of the most important concepts in International Taxation. The existence of a Permanent Establishment or otherwise, would in most cases determine the exposure to domestic tax liability in the country of source. It is, therefore, imperative to understand the concept fully before embarking on the structuring of activities in another jurisdiction.

State the type of PE's that India has signed with various countries??

Fixed Place PE:
A fixed place PE of a foreign enterprise exists in India (source country) when the following tests are satisfied:

Physical place:
There must be a physical place of business. It does not matter whether this place of business is owned or leased.

Location:
The place of business must be a fixed place. The residence of an employee may also be treated as a PE if the same if used as an office for business.

Permanence:
The place of business must be for a fixed and reasonably long period of time. The term 'carried on in the definition connotes that a mere passing, transient or casual activity, though carried out from a particular place, does not fall within the scope of the definition of PE. There should be a reasonable degree of continuity and regularity.

At Disposal:
The place must be at the disposal of the foreign entity. If the place of business is situated in the business premises of another enterprise and the foreign enterprise has a certain part thereof at its constant disposal, that premises may be considered as having a PE in India.

Business activity:
The proper business activity must be carried out from such a fixed place.

Price available on request

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