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The conundrum of the notion of Permanent Establishment (PE) in Taxation of Tanzania’s e -commerce

Vol 25 , Issue 1 , January - June 2024 | Pages: 31-39 | Research Paper  

https://doi.org/10.51768/dbr.v25i1.251202403


Author Details ( * ) denotes Corresponding author

1. * Jackson Simango Magoge, Assistant Lecturer, Department of Humanities and Social Sciences, National Institute of Transport (NIT),, Dar es Salaam, Tanzania (simangojackson@gmail.com)
2. Sayed Qudrat Hashimy, Ph.D. Scholar (Law), Department of Studies in Law, University of Mysore, Karnataka, India

Purpose: To understand how Tanzania taxes digital commerce transactions, this paper explores the complex terrain of Permanent Establishment (PE). Design/Methodology/Approach: This study is analytical descriptive legal research. Secondary data sources encompass primary, secondary, and tertiary materials were used. Findings: The review’s outcome has revealed that this traditional notion of PE has historically worked well for taxing conventional businesses; however, the concept of PE, as defined by the Tanzanian Income Tax Act, has failed to address and cover e-commerce issues. Hence, the concept of PE requires substantial modifications to align with the contemporary and future challenges of e-commerce. Research Limitations: The study’s primary constraint is its restriction to a thorough review. Managerial Application: This study’s results are poised to provide significant guidance for reshaping tax legislation in Tanzania to align with modern challenges. Moreover, the study seeks to heighten public awareness regarding the Permanent Establishment and the taxation of digital commerce transactions while also serving as a valuable reference for future research ventures within the same domain. Originality/Value: This study offers a novel perspective on Tanzanian taxes and the connection between online transactions and permanent establishments

Keywords

Permanent Establishment (PE), Taxation, Nexus Rules, and E-commerce in Tanzania

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