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Glossary

Permanent Establishment

Also known as: PE

process

A tax-treaty concept defining when a foreign company's activity in a country is substantial enough that the host country can tax its profits. The threshold is lower than most founders assume.

Full entry

Why it matters for non-US founders

Three directions of PE risk, each a different problem:

  1. Your US LLC creates a PE in your home country. If you run day-to-day operations of the US LLC from your Dubai or Bengaluru apartment — making decisions, meeting clients, holding meetings — your home country’s tax authority may argue the US LLC has a PE there. The home country can then tax a share of the LLC’s profits attributable to the PE.
  2. You personally create a PE in the US. If you spend substantial time working in the US (even on a tourist visa), the IRS may argue you have a US PE, which brings US-source taxation and potentially US tax residency into play.
  3. Your UK/UAE/India business creates a PE in the US. Different fact pattern but same rulebook.

The specific triggers

PE criteria come from each applicable tax treaty, with common patterns:

  • A fixed place of business — an office, a shop, a workshop, a mine. A home office can qualify if used regularly and the home country has aggressive PE guidance.
  • A dependent agent who habitually concludes contracts on the company’s behalf.
  • A project lasting more than a threshold (often 6 or 12 months) in the host country.

Why we route PE questions to the expert desk

PE analysis is treaty-specific and fact-intensive. The standard 5472 service is scoped to a non-US founder running the US LLC entirely from outside the US. If there’s any US activity (US employees, US office, substantial US time), that’s a PE question and needs an EA/CPA call before we file.

See also: Tax treaty, Form 1040-NR.

This is not tax advice. See the disclaimer.

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