November 5, 2025
Permanent Establishment Risk: What Triggers Foreign Tax Exposure?
If your San Diego-area business is testing new markets in Mexico, Europe, or Asia, the concept of “permanent establishment” can quietly flip the switch from “no tax abroad” to “taxable presence.” A permanent establishment, generally, a fixed place of business or a dependent agent regularly concluding contracts for you, can subject your profits to corporate income tax in the other country, even if you’re still headquartered in Carlsbad.
Common Permanent Establishment Triggers
- Fixed place of business: An office, co-working desk, or facility where core activities happen (sales, management, manufacturing).
- Dependent agent: A person or entity habitually negotiating or concluding contracts in your name (including commissionaire-type arrangements).
- Construction/installation projects: Site work or supervision that runs long enough under the local treaty or law.
- Services on the ground: Teams providing services in-country for sustained periods.
- Inventory/warehouse: Stock held for delivery, particularly when combined with local sales functions.
- Digital & remote realities: Local employees working from home, local phone numbers, or marketing that funnels contracts to you may tip the scale in some jurisdictions.
Typical Permanent Establishment Exceptions
Activities that are truly preparatory or auxiliary, such as market research, information gathering, or storage alone, may be carved out. But mixing “auxiliary” with actual selling or contract authority often defeats the exception.
PE Risk Matrix (Quick Check)
| Trigger Area | Signs You’re at Risk | What to Do |
| Fixed Place | Lease, signage, utilities in your name | Consider a distributor or independent agent model; document functions |
| People/Agents | Local rep negotiates terms or signs | Limit authority; adjust titles, scripts, and workflows |
| Projects/Services | Multi-month on-site teams | Track days; rotate personnel; consider local entity |
| Inventory | Stock for delivery plus local sales | Separate logistics from sales; revisit INCOterms |
| Remote Footprint | Employees WFH abroad, local number | Convert to contractor (if appropriate), or register locally |
Why this matters in San Diego
Cross-border activity with Baja California, supplier visits, and trade shows at the Convention Center can stack up quickly. Before a “quick pilot” becomes a tax presence, map your functions, people, and risks.
How USIBTS Helps
We perform permanent establishment reviews, analyze treaty positions, design low-risk go-to-market structures, and coordinate with foreign advisors, enabling you to expand confidently from Carlsbad to the world without unexpected assessments.
Contact us for a consultation.
info@usibts.com
760-842-7885
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