POEM guidelines not applies to company with turnover of Rs. 50 crores or less in a year

F. No. 142/11/2015-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

Circular No 08 of 2017

Dated: 23rd February, 2017

Subject: Clarification for determination of Place of Effective Management (POEM) of a company, other than an Indian company-reg.

The concept of POEM for deciding the residential status of a company, other than an Indian company, was introduced by the Finance Act, 2015. The existing provision of clause (ii) of sub-section (3) of section 6 of the Income-tax Act, 1961 (the Act) shall come into effect from 1st April, 2017 and accordingly, applies to Assessment Year 2017-18 and subsequent years. Guiding Principles for determining POEM of a company were issued by Circular No. 6 of 2017 on 24th January, 2017. Press Release on POEM guidelines dated 24th January, 2017 has, inter alia, stated that the POEM guidelines shall not apply to a company having turnover or gross receipts of Rs. 50 crores or less in a financial year .

2. In view of above, it is clarified that existing provision of clause (ii) of sub-section (3) of section 6 of the Act, shall not apply to a company having turnover or gross receipts of 50 crores or less in a financial year.

(Rajesh Kumar Kedia)
Director (Tax Policy & Legislation)