10 minute read 17 Jan 2023

This article examines fixed place permanent establishment (PE) considerations arising from cross-border home offices.

asian-woman-in-a-meeting-at-home-office

Cross-border remote working and permanent establishment

Authors
Ruairi Lamb

Director, Financial Services Tax, Ernst & Young Tax Services Limited

Irishman based in Hong Kong. Enjoys reading newspapers, drinking black coffee and watching Tour de France.

Zhan Peng Hng

Senior Consultant, Financial Services Tax, Ernst & Young Tax Services Limited

Singaporean based in Hong Kong. Loves hiking and chicken rice.

Contributors
10 minute read 17 Jan 2023
Related topics Tax

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  • Cross-border remote working and permanent establishment

Covid-19 has led to a significant change in working conditions. Almost overnight, busy offices were abandoned as employees were told to work from home while governments grappled with the pandemic. In certain circumstances, some employees even moved countries, at least temporarily. 

Over time, most countries have re-opened their borders and travel has tentatively resumed. Working practices, however, have not necessarily returned to the status quo ante – for many organisations, some degree of remote working is here to stay.

This article examines fixed place permanent establishment (PE) considerations arising from cross-border home offices, mainly using the 2017 OECD Model1 and associated commentaries (Commentary) as a reference.2

 

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Summary

Can an employee’s home office constitute a fixed place PE for the employer? What factors do individuals and businesses need to consider? With the rise of remote working following the pandemic, we examine these topical issues.

About this article

Authors
Ruairi Lamb

Director, Financial Services Tax, Ernst & Young Tax Services Limited

Irishman based in Hong Kong. Enjoys reading newspapers, drinking black coffee and watching Tour de France.

Zhan Peng Hng

Senior Consultant, Financial Services Tax, Ernst & Young Tax Services Limited

Singaporean based in Hong Kong. Loves hiking and chicken rice.

Contributors
Related topics Tax