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Business, Compliance

When a UAE company has a taxable presence in India

No office on the letterhead is not the test. A long project, a person who signs contracts, or real control over an Indian site can be enough.

Your UAE company has people visiting India, a long project for one Indian customer, or a contract that lets you run part of an Indian business. You want to know whether India can tax the company's profit, not only the invoice it sends.
Last reviewed: 28 October 20266 min readBy Vipul Sharma, Founder · Reviewed by Preetesh Maloo, CA

Confirm this with a practising CA before you act. The answer depends on the year and your documents.

The short answer

Article 5 of the India-UAE treaty defines a permanent establishment. It includes a place of management, branch, office, factory, a building site that lasts more than nine months, and services, including consultancy, furnished through personnel for more than nine months in any twelve on the same or a connected project. An agent who habitually concludes contracts can also be one, unless they are independent and acting in the ordinary course of their business. On 24 July 2025 the Supreme Court, in Hyatt International Southwest Asia Ltd. (2025 INSC 891), held that a UAE company had a fixed-place permanent establishment in Indian hotels. The Court described pervasive and enforceable control under a long-term operating agreement, and a continuous and functional presence. An exclusive office was not required. That case does not shorten the nine-month service test.

People or a project in India?

Tell us how long the project has run and who signs contracts. A practising CA will check Article 5 against those facts. No obligation.

Senior CA who specialises in NRI-owned Indian companies · we handle the regulator, you stay abroad

Three ways Article 5 is usually argued

A fixed place. Article 5(1) is a fixed place of business through which the enterprise's business is carried on. The list in Article 5(2) includes an office, a branch and a place of management. A building or construction site, or supervisory work on it, counts only if it continues for more than nine months.

Services. Article 5(2)(i) is the furnishing of services, including consultancy, through employees or other personnel, for the same project or a connected project, for periods adding up to more than nine months within any twelve-month period.

An agent. Article 5(4) treats an enterprise as having a permanent establishment if someone in India, other than an independent agent, habitually concludes contracts for it. Article 5(5) keeps out a broker or other independent agent acting in the ordinary course of their business. An agent who works wholly or almost wholly for that one enterprise is not treated as independent.

Storage, display, delivery, purchasing, or a preparatory office is excluded by Article 5(3), if that is all the place does.

What the Hyatt judgment decided

Hyatt International Southwest Asia Ltd., a UAE company, had a long hotel-operating agreement for Indian hotels. On 24 July 2025 the Supreme Court held that it had a fixed-place permanent establishment in India under the India-UAE treaty. The judgment describes pervasive and enforceable control: appointing and supervising the general manager, policies, pricing, branding, bank accounts, and assigning staff without the owner's consent, with a continuous and functional presence. It held that exclusive possession of a room was not required, following the Court's earlier Formula One reasoning, where the space was at the enterprise's disposal and the business was carried on through it. Commentaries often shorten this to 'continuous and substantive control'. The holding to rely on is the one in the judgment.

Use the judgment for that kind of fact. A UAE consultancy that never controls an Indian site is not Hyatt. The judgment does not rewrite Article 5(2)(i). The nine-month service count is still the service count.

A different question, whether a cost-plus Indian subsidiary creates a permanent establishment for its foreign parent, is already on the subsidiary page. Do not mix the two.

What a permanent establishment changes

Article 7 then lets India tax the profits attributable to that permanent establishment, as if it were a separate enterprise. It does not, by itself, tax the UAE company's whole worldwide profit. Attribution still has to be done.

The company can also have Indian compliance once a permanent establishment is found: a return, and withholding on payments India can tax. The withholding section for a payment to a non-resident is section 195 (old Act). We do not state a replacement number.

If the only issue is an Indian customer deducting tax on one invoice, and nobody has a presence in India, start with the fees-for-technical-services page.

What's involved

What the CA actually does

  1. 1

    We map the facts onto Article 5

    Place, people, months on the project, and who can sign. We say which limb is actually in play.

  2. 2

    We keep Hyatt in its own box

    We use the 24 July 2025 judgment where the contract gives real control over an Indian operation. We do not cite it for a short advisory visit.

  3. 3

    We separate this from a subsidiary

    If the structure is an Indian company billing its foreign parent at cost plus, we use the subsidiary page, not this one.

What to have ready

Documents you'll typically need

  • The contract with the Indian customer or hotel
  • How many months the same project has run, and who was physically in India
  • Whether anyone in India can conclude contracts for the UAE company

References on this page

  • India-UAE DTAA Article 5, Income Tax Department text. https://www.incometaxindia.gov.in/w/uae-comprehensive-agreements-1
  • Hyatt International Southwest Asia Ltd. v. Additional Director of Income Tax, Supreme Court, 24 July 2025, 2025 INSC 891. https://api.sci.gov.in/supremecourt/2024/9277/9277_2024_9_1502_62468_Judgement_24-Jul-2025.pdf
  • Article 7: India taxes business profits only so far as they are attributable to the permanent establishment

Frequently asked questions

Common questions

No. Nine months is the service limb and the building-site limb. A fixed office, a place of management, or an agent who habitually concludes contracts can be a permanent establishment on a shorter timeline.

No. The Court decided a hotel-operating agreement where the UAE company had continuous control over the Indian hotels. Your contract has to be read on its own facts.

Article 5(2)(i) adds up the time on the same or a connected project inside a twelve-month period. Short visits count toward that total if they are the same project. They do not each need to last nine months.

People or a project in India?

Tell us how long the project has run and who signs contracts. A practising CA will check Article 5 against those facts. No obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.