subject: Permanent Establishment (PE) Risk: What Global Employers Need to Know [print this page]
The workplace has undergone significant change. These days, a New York-based business can hire a financial analyst in Delhi or a software developer in Bangalore without ever opening a local office. Because of its robust talent base in engineering, technology, and finance, India in particular has emerged as one of the most alluring locations for international hiring.
Permanent Establishment (PE) risk is a hidden compliance trap that many businesses ignore, despite the exciting opportunity.
The term "Permanent Establishment" (PE) in international tax law describes the moment at which a foreign business is deemed to have a taxable presence in another nation. A registered office is not always necessary for this to occur; in certain cases, the actions of a single employee may result in that liability.
The Intricacies of PE in India
A company may be considered to have a PE in a number of ways, according to India's tax laws. Long-term service delivery (Service PE), contract negotiations by staff or agents (Dependent Agent PE), a physical office or project site (Fixed Place PE), or even substantial digital business with Indian users (Digital PE) could be the method.
The problem is that a lot of businesses are unaware of their transgressions until they receive the tax notice. Even one remote worker in India may be enough to draw attention, particularly if they work in a position that involves dealing with clients or revenue.
Why This Matters for Companies Expanding Into India
Think of the difference this makes:
If you hire talent in India directly without an entity, you risk accidentally creating a PE, which can lead to corporate tax liabilities.
If you hire through an EOR like Orbtrak, the employment relationship is structured in a compliant way, shielding your company from PE exposure.
The real value here isn’t just about avoiding penalties—it’s about peace of mind. It allows you to test new markets, scale your workforce, and access talent in India without tying up resources in setting up a local entity or navigating complex tax structures.
Final Thought
Employing people from around the world is now a possibility for all businesses, not just big corporations. However, that opportunity also carries the obligation to maintain compliance. One of the most disregarded risks of international expansion, particularly in India, is permanent establishment.
You can access India's top talent by working with an Employer of Record like Orbtrak, and you can make sure that tax and compliance surprises don't impede your business's expansion.
