Whether Dubai company managed from India is a PE?

Samir Desai (Software) (2 Points)

22 February 2023  

I have a software-consulting company in the Dubai (100% owned by me). Apart from myself, there are no other employees of the company. And a simple tenancy contract for a coworking space in Dubai.

The software projects we do are all exports. That is the customers are not in UAE and also not in India.

I live in India (tax-resident), and manage the company from India. I sometimes hire contractors from India and other countries to help me with the work. At this point, at least 50% of the work is being performed by me. The Dubai company's revenue is way below the POEM threshold of 50 crores, it is just below 1 cr.

Does this imply that my Dubai company has a PE in India?