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Kuwait Adopts Virtual Service PE Approach

24 September 2015

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Approved Changes

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Kuwait

According to recent reports, Kuwait’s Department of Inspections and Tax Claims has modified its interpretation of a permanent establishment (PE) to include a virtual service PE. The concept is similar to a virtual service PE approach recently adopted in Saudi Arabia ({News-2015-07-31/A/3- previous coverage}). The virtual service PE concept applies for services provided under contract to a Kuwaiti entity when in connection with that entity's activities in Kuwait. In such cases, the duration of the contract is used to determine whether the threshold period for a PE under an applicable tax treaty is exceeded. This applies regardless of the actual...