Permanent Establishment PE
Stands for: Permanent Establishment
A taxable presence in another country that gives the source state the right to tax part of a foreign enterprise's business profits.
Definition
What it is
A Permanent Establishment (PE) is the threshold concept that decides whether a foreign enterprise has enough presence in a country for that country to tax its business profits. Article 5 of the OECD Model defines PE as a fixed place of business through which the business of an enterprise is wholly or partly carried on. Common forms are a branch, office, factory, workshop, mine, or project site.
Types of PE
- **Fixed-place PE**: an office, shop, or other physical location used for business
- **Construction PE**: a building site or installation project lasting more than the treaty threshold (often 6 or 12 months)
- **Agency PE**: a dependent agent who habitually concludes contracts in the name of the foreign enterprise
- **Service PE**: in some treaties, services rendered for more than a defined period
- **Digital / virtual PE**: emerging concept, partly addressed by Pillar One
Profit attribution
Once a PE exists, the host country can tax the profits attributable to it under the Authorised OECD Approach (AOA), which treats the PE as a hypothetical separate enterprise. Compliance involves PE-specific bookkeeping, transfer-pricing analysis, and corporate tax filings in the host country.
When you'll encounter it
You will face PE risk when sales staff travel and close deals abroad, when remote employees work permanently from another country, when a project crosses construction or installation thresholds, when warehouses or fulfilment centres are used, and during M&A diligence where unidentified PEs surface as historic tax liabilities.
Used in our guides
- Can Iranian Citizens Open a Company in Turkey? Complete 2026 Guide
- Can German Citizens Open a Business in Estonia? Complete 2026 Guide
- Can French Citizens Start a Company in Portugal? Complete 2026 Guide
- Can Filipino Citizens Start a Business in the USA? Complete 2026 Guide
- Can Canadian Citizens Open an LLC in Wyoming? Complete 2026 Guide
FAQ
Does a remote employee abroad create a PE?
Often yes, depending on duration, role, and authority. A senior employee with contract-signing authority working from another country is a classic agency-PE risk.
Is a server a PE?
It can be. The OECD has historically accepted that a server at the disposal of an enterprise can constitute a PE, though human presence is normally also required.
How is profit allocated to a PE?
Under the Authorised OECD Approach, by treating the PE as a separate enterprise dealing at arm's length with the rest of the company.
References
- OECD Model Tax Convention - Article 5 Commentary https://www.oecd.org/tax/treaties/
- OECD - Authorised OECD Approach to PE Profit Attribution https://www.oecd.org/tax/transfer-pricing/the-2010-attribution-of-profits-to-permanent-establishments.htm