Chartered Accountants◆Practising since 2016

III. Direct & Indirect Tax

Tax compliance for a liaison office: staying outside the PE net

A liaison office does not pay income tax because it earns no income. Its tax work is about withholding on what it pays and about evidence: an annual statement of activities filed with the tax department and records that show the office has not become a permanent establishment of its foreign company.

Income tax
None while within approval
TDS
Salaries, rent, professional fees
Annual statement
Within 60 days of year end
Main risk
Permanent establishment

§ 1

Where liaison offices get into tax trouble

Indian tax authorities have treated liaison offices as permanent establishments where staff identified customers, negotiated prices or effectively concluded contracts that the head office then signed. Once that happens, part of the foreign company's profit from Indian sales becomes taxable in India, often with interest and penalties for earlier years.

The annual statement of activities, the Annual Activity Certificate and the office's own correspondence are the evidence either way. Keeping them consistent and accurate is the core of liaison office tax compliance.

§ 2

The law that applies

Income-tax Act, 2025TDS obligations and the annual statement of a liaison office's activities.
Tax treaty with the head office countryPreparatory and auxiliary exclusion from permanent establishment; dependent agent rules.

§ 3

Issues and how we solve them

The problems that most often hold up or complicate this work, and how we deal with each.

  1. Issue 1

    Staff job descriptions and email signatures suggest sales roles.

    Our approach

    We review roles, titles and authority matrices and align them with liaison activities, documenting that pricing and contract decisions are taken outside India.

  2. Issue 2

    TDS on salaries is computed incorrectly for expatriates.

    Our approach

    We compute tax on expatriate packages including perquisites and home-country components, and issue correct annual certificates.

§ 4

Process and timeline

  1. 1

    Monthly

    7th of each month

    TDS on salaries, rent and fees.

  2. 2

    Quarterly

    Quarterly

    TDS returns.

  3. 3

    Annual

    Within 60 days of year end

    Statement of activities and PE health check.

§ 5

Our scope of work

Included

  • PAN and TAN
  • Monthly TDS and quarterly returns
  • Annual statement of activities
  • PE risk review
  • Notice responses

§ 6

Questions

Does a liaison office file an income-tax return?

It files an annual statement of its activities with the tax department. A full return is generally needed only if it has taxable income, which it should not.

Can the tax department treat a liaison office as a PE?

Yes, if its actual activities go beyond liaison, for example negotiating or concluding contracts. Accurate records and clear limits on authority are the main safeguards.

Prepared by CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375, SU and Company · Last reviewed 4 November 2026. General information only, based on the law as it stood on that date; it is not advice for any particular case.

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