A Brief on Place of Effective Management (POEM)

2. A Place where key management and
commercial decisions which are necessary
for the conduct of business of an entity as
a whole are, in substance, made.

3. Passive Income of company < 50% of its Total Income
Passive Income means income from transactions where both purchase or sale is from/to its associated
enterprises and income by way of royalty, dividend, capital gain, interest or rental income.
Total income computed as per provisions prevailing in the country otherwise as per books of accounts.
Assets Situated in India < 50% of Total Assets
Employees in India or are resident in India < 50% of Total Employees
Payroll expenses on such employees < 50% of Total Payroll expenses
Value of Assets shall be average as per provisions laid down according to prevailing local laws of the country
otherwise if not available then value as per books of accounts should be considered.
Employees means average number of employees and also include the persons who were not directly employed by
the company but work all the task as employees perform.
Payroll expenses means wages, salary, bonus and other such kind of benefits provided to employees

4. •Company senior staff management or direct support staff
located.
•If above are located at more than one place then the
primarily or predominately location of them.
Head Office
•A person formulating policies, developing key strategies
and ensure implementation and execution of the same.
•Examples are MD, CEO, CFO, COO or head of any
departments.
Senior
Management

5. Concept
•Substance
Over Form
Concept.
Annually
•POEM to be
determined
annually.
One POEM
•Company
has only
one POEM.

6. ABOI
•Company has Active business outside India. (Consider data for 3 years
including the previous year or shorter period in case company in
existence for less than 3 years. The year may be financial or calendar as
per laws prevailing in the country )
BOD Meetings
•POEM will be
outside INDIA if
majority BOD
meetings will be
held outside India.
BOD Standing
aside
•If BOD standing aside and
not exercising the powers of
mgmt and directed by any
company or person resident
in INDIA then POEM will be in
INDIA

7. •Company with no Active business outside India.ABOI
Identify the person/persons taking commercial or key managerial decision for the conduct of business as a whole
Place/Location where the above decisions made (Place of decision more important than the place of implementation)
Place where main/substantial activities of the company carried out
Place where accounting records kept
First Step
Second Step