27
country, if the enterprise meets the conditions noted in
paragraph 3.5 above. In addition, the enterprise must
maintain a complete and separate set of accounts of local
activities (that is, income statement, balance sheet,
transactions with the parent enterprise), pay income
taxes to the host country, have a substantial physical
presence, receive funds for enterprise work for the
enterprise account and so forth. If these conditions are
met, the enterprise is considered a foreign affiliate (see
also chapter IV below). If these conditions are not met,
the output of the enterprise should be classified as an
export by a resident enterprise.
Such production can
generate an export only if the production is classified as
domestic production (undertaken by a resident even
though the physical process takes place outside the
economic territory).
3.7. These considerations also apply to the particular
case of construction activity carried out abroad by a
resident producer. Special mention should be made of
construction involving major specific projects (bridges,
dams, power stations etc.) that often take several years to
complete and are carried out and managed by non-
resident enterprises through unincorporated site offices.
In most instances, site offices will meet the criteria
requiring that site office production be treated (as would
the production of a branch or affiliate) as the production
of a unit resident in the host economy and as part of the
production of the host economy rather
than as an export
of services to that economy.
3.8. Offshore enterprises, including those engaged in
manufacturing processes (including assembly of
components manufactured elsewhere), trading and
financial activity, are residents of the economies in
which the offshore enterprises are located. This applies
regardless of location in special zones of exemption
from customs or other regulations or concessions.
3.9.
Similarly, the principles used to determine the
residence of an enterprise are applicable to an enterprise
that operates mobile equipment (such as ships, aircraft,
drilling rigs and platforms, and railway rolling stock)
outside the economic territory where
the enterprise is
resident. Such operations may take place in (a)
international waters or airspace or (b) another economy.
In the first case (an enterprise with operations taking
place in international waters or airspace), the activities
should be attributed to the economy in which the
operator maintains residence. In the second case (an
enterprise with production taking place in another
economy), the enterprise may be considered to have a
centre of economic interest in the other economy. If
operations (such as a railway network) are carried out by
an enterprise on a regular and continuing basis in two or
more countries, the enterprise is deemed to have a centre
of economic interest in each country and thus to have
separate resident units in each. The enterprises must also
be accounted for separately by the operator and
recognized as separate enterprises by tax and licensing
authorities in each country of operation. In cases
involving the leasing of mobile equipment to one
enterprise by another for
a long or indefinite period, the
lessee enterprise is deemed to be the operator, and
activities are attributed to the country where the lessee is
resident.
3.10. For ships flying flags of convenience, it is often
difficult to determine the residence of the operating
enterprise. There may be complex arrangements
involving ownership, mode of operation and chartering
of such ships. In addition, the country of registry differs,
in most instances, from the operator’s (or owner’s)
country of residence. Nonetheless, in principle, the
shipping activity is attributed to the country of residence
of the operating enterprise.
If an enterprise establishes,
for tax or other considerations, a branch in another
country to manage the operation, the operation is
attributed to the resident (branch) operating in that
country.
3.11. Transactions of agents should be attributed to the
economies of principals on whose behalf the transactions
are undertaken and not to the economies of agents
representing or acting on behalf of principals. However,
services rendered by agents to enterprises represented
should be attributed to the economies in which the
agents are residents.
3.12. A household has a centre of economic interest
where it maintains one or more dwellings within the
country that members of
the household use as their
principal residence. All individuals who belong to the
same household must be residents of the same economy.
If a resident household member leaves the economic
territory and returns to the household after a limited
period of time, the individual continues to be a resident
even if he or she makes frequent journeys outside the
economic territory. An individual may cease to be a
member of a resident household when he or she works
continuously for one year or more in a foreign country.
Even if an individual continues to be employed and paid
by an enterprise that is resident in his or her home
country, that person should normally be treated as a
resident in the host country if he or she works
continuously in the host country for one year or more.
28
3.13. Civil servants (including diplomats) and military
personnel employed abroad
in government enclaves
continue to have centres of economic interest in their
home countries while, and however long, they work in
the enclaves. They continue to be residents in their home
economies even if they live in dwellings outside of these
enclaves.
39
However long they study abroad, students
should be treated as residents of their home economy,
provided that they remain members of households in
their home economies. In these circumstances, their
centres of economic interest remain in their economies
of origin, rather than in the economies where they study.
Medical patients abroad are also treated as residents of
their
economies of origin, even if their stays are one year
or more, as long as they remain members of households
in their economies of origin. Any other individual who
moves to another economy and stays, or expects to stay,
for a year or more, is considered to undergo a change of
centre of economic interest, that is, he or she is
considered to be a migrant.
3.14. Refugees are persons displaced from their home
economies by natural disasters or other causes (such as
persecution or conflict). Such displacement to other
economies may be for a short period or on a long-term
basis. In the case of short-term displacement, refugees
continue to be residents
of their home economies;
however, if the displacement is for a long period and the
refugees change their centre of economic interest, they
are considered to be migrants and thus no longer
residents of their original economies.
3.15. The
present
Manual follows BPM5 in its concept
of residence; issues relating to this concept are discussed
in more detail in chapter IV of BPM5.
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