Supreme Tax Court Upholds Broad Interpretation of Permanent Establishment, Partially Overturns Protective Google Case Precedents on Dependent Agents
By EsqSocial Corporation 28/12/20
In a landmark decision of 11 December 2020 involving digital player Conversant (fka Valueclick), the French Supreme Tax Court (Conseil d’État) ruled that a French company can qualify as a dependent agent, and thus as a French permanent establishment, of an Irish affiliate if the French company habitually exercises the authority to conclude contracts in the name of the Irish affiliate, even though formal consent to these contracts can only be given by the Irish affiliate......
By: McDermott Will & Emery