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HMRC internal manual

Double Taxation Relief Manual

DT: Mauritius: double taxation agreement, Article 5: Permanent Establishment

  1. For the purposes of this Convention the term `permanent establishment` means a fixed place of business in which the business of the enterprise is wholly or partly carried on.
  2. The term `permanent establishment` shall include especially

 

 

  1. a place of management;
  2. a branch;
  3. an office;
  4. a factory;
  5. a workshop;
  6. a warehouse, in relation to a person providing storage facilities for others;
  7. a mine, oil or gas well, quarry or other place of extraction of natural resources;
  8. an installation or structure used for the exploration of natural resources;
  9. a farm or plantation.

 

  1. A building site or construction or assembly project, or supervisory activities in connection therewith, constitutes a permanent establishment only if the site, project or activity lasts more than six months.
  2. Notwithstanding the preceding provisions of this Article, the term `permanent establishment` shall be deemed not to include:

 

 

  1. the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;
  2. the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;
  3. the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;
  4. the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise;
  5. the maintenance of a fixed place of business solely for the purpose of advertising, for the supply of information, for scientific research or for similar activities which have a preparatory or auxiliary character, for the enterprise.

 

  1. Notwithstanding the provisions of paragraphs (1) and (2) of this Article, a person acting in a Contracting State on behalf of an enterprise of the other Contracting State (other than an agent of an independent status to whom the provisions of paragraph (6) of this Article apply) shall be deemed to be a permanent establishment in the first-mentioned Contracting State if:

 

 

  1. he has, and habitually exercises in that first-mentioned State, an authority to conclude contracts in the name of the enterprise, unless his activities are limited to the purchase of goods or merchandise for the enterprise; or
  2. he has no such authority, but habitually maintains in that first- mentioned State a stock of goods or merchandise belonging to the enterprise from which he regularly delivers goods or merchandise on behalf of the enterprise.

 

  1. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business in that other State through a broker, a general commission agent or any other agent of an independent status, where such persons are acting in the ordinary course of their business. An agent shall not be regarded as of an independent status if he acts exclusively or almost exclusively for the enterprise.
  2. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.