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UK to India · PE

Permanent establishment risk for UK companies in India

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375 · Updated

In brief

A UK company that has a fixed place, a dependent agent or a long project in India can become taxable in India on the profits attributable to it. Under the India–UK tax treaty: The treaty has a 90-day services test, much shorter than many treaties.

What is specific to UK companies

The UK treaty's service PE test is 90 days, so UK specialists assigned to Indian projects can create a PE faster than under other treaties.

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We price, document and defend intercompany transactions on the Indian side.

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Questions

Does having a subsidiary create a PE for the parent?

Not by itself. Risk arises from what parent staff or the subsidiary's people do on the parent's behalf.

General information as at 5 November 2026, not advice for a particular case. Indian and UK rules change often; confirm the current position before acting. UK law points should be confirmed with a UK adviser.

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