Agency

Tax Glossary Definition

Agency

Agency – A business arrangement where an enterprise represents a foreign company in another country. Agencies can be either dependent or independent. A dependent agent typically gives rise to a permanent establishment (PE) for the foreign entity, resulting in taxable income within that jurisdiction. Conversely, an independent agent, acting in the normal course of business, does not create such tax liability.

Example: If an Indian sales agent works solely for a foreign company and routinely concludes contracts on its behalf, the company may be deemed to have a dependent agent PE in India.

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