Bangladesh

A company is treated as a resident in Bangladesh if it satisfies either of the two following conditions:

• It is a company incorporated under the laws of Bangladesh.
• The control and management of the affairs are undertaken wholly in Bangladesh.

A Hindu Undivided Family (HUF), firm, or other AOP is treated as resident in Bangladesh if the control and management of the affairs is undertaken wholly or partly in Bangladesh.

Permanent establishment (PE)

In relation to income from business, the PE is the fixed place or place of business through which such business of a person is wholly or partly carried on, and shall include:

• any place of management
• any branch
• any agency
• any office
• any warehouse
• any factory
• any workshop
• any mine, oil or gas well, quarry, or any other place of exploration, exploitation, or extraction of natural resources
• any farm or plantation
• any building site, any construction, or installation project, or supervisory activities in connection therewith
• the furnishing of services, including consultancy services, by a person through employees or other personnel engaged by the person for such purpose if activities of that nature continue (for the same or a connected project) in Bangladesh, and
• an associate of a non-resident person or any person commercially dependent on such non-resident person carrying on any activity connected with any sale made by the non-resident person in Bangladesh.

The existence of a PE in Bangladesh is also required to be analysed as per the Double Taxation Avoidance Agreements (DTAAs) entered into by the People’s Republic of Bangladesh with various other countries.