US & Global Business

POEM (Place of Effective Management) — Meaning

The test that can make a foreign company tax-resident in India if it is effectively managed from India.

What is POEM (Place of Effective Management)?

A company incorporated outside India is treated as resident in India if its place of effective management — where key management and commercial decisions for the business as a whole are in substance made — is in India in that year. An Indian-resident foreign company is taxed in India on its worldwide income. Founders running a US, UK, Singapore or UAE company from India need governance that keeps real decision-making abroad if the company is meant to be non-resident.

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