Answered step by step
Verified Expert Solution
Question
1 Approved Answer
XYZ Corporation, is a multinational company incorporated and headquartered in Spain. It operates various business activities globally, including a branch office in Australia. XYZ Corporation
XYZ Corporation, is a multinational company incorporated and headquartered in Spain. It operates various business activities globally, including a branch office in Australia.
XYZ Corporation established the branch office to conduct business operations within Australia. The branch office engages in sales, marketing, and distribution activities of XYZ Corporation's products manufactured in various locations in Asia to Australian customers. The branch is staffed with local employees who manage daytoday operations, maintain business relationships with Australian clients, and oversee product distribution and customer service.
XYZ Corporation's board of directors is composed of Spanish residents who. Meet regularly in Madrid. The board is responsible for making strategic decisions, approving corporate policies, attending to financial matters, and major business decisions.
XYZ Corporation's management structure entails a hierarchical system where the Australian branch office reports to a regional manager located in Europe, who, in turn, reports to the company's senior management in Spain. The Australian branch office has limited decisionmaking authority and does not possess the power to enter significant contracts or make significant financial decisions independently. All major decisions must be approved by the board of directors in Spain before they can be actioned by the branch office.
The Australian branch office generates significant revenue for XYZ Corporation through sales and distribution activities within Australia of global revenue It operates as a profit centre, generating income by selling XYZ Corporation's products to Australian customers, receiving payments in Australian dollars and remitting them less operating expenses to Spain. The branch office in Australia has been operating for five years, consistently generating revenue during this period.
Is the Australian branch office Permanent Establishment?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started