Common use of Associated Enterprises Clause in Contracts

Associated Enterprises. (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting State and an enterprise of the other Contracting State, and in either case, conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where the Contracting State includes in the profits of an enterprise of that Contracting State - and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation authorities of the Contracting States shall, if necessary, consult each other.

Associated Enterprises. (a) 1 - Where a - an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) b - the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. 2 - Where the a Contracting State includes in the profits of an enterprise of that Contracting State - – and taxes accordingly - – profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. (1) Where: (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, ; or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, ; and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included by a Contracting State in the profits of that enterprise and taxed accordingly. (2. ) Where the a Contracting State includes in the profits of an enterprise of that Contracting State - and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. (1) Where -- (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, ; or (b) the same persons participate participated directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise enterprise, of the other Contracting State, ; and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, but by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. (2. ) Where the a Contracting State includes in the profits of an enterprise of that Contracting State - State, and taxes accordingly - taxed accordingly, profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining determining, such adjustment, due regard shall be had paid to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. (1) Where: (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, ; or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, ; and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. (2. ) Where the a Contracting State includes in the profits of an enterprise of that Contracting State - and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. 1. Where -- (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, ; or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where the a Contracting State includes in the profits of an enterprise of that Contracting State - -- and taxes accordingly - -- profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, if necessary, consult each other.

Associated Enterprises. (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, ; or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, ; and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included by a Contracting State in the profits of that enterprise and taxed accordingly. (2. ) Where the a Contracting State includes in the profits of an enterprise of that Contracting State - and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. 1. Where- (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where the a Contracting State includes in the profits of an enterprise of that Contracting State - State-and taxes accordingly - accordingly-profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, and in either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where the a Contracting State includes in the profits of an enterprise of that Contracting State - -- and taxes accordingly - -- profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make such an adjustment as it considers appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, shall if necessary, necessary consult each other.

Associated Enterprises. (1. If a) an enterprise of a one Contracting State participates directly or indirectly in the management, control or capital property of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital property of an enterprise of a Contacting one Contracting State and an as well as of the enterprise of the other Contracting State, and if in either casethese cases, conditions both enterprises are made or imposed between the two enterprises bound in their commercial or financial relations by the conditions which were agreed or imposed between them and which differ from those the conditions which would be made have been agreed between independent enterprises, then any profits which wouldwould have accrued by one of them if there had been no such conditions, but for those conditions, have accrued to one by reasons of the enterprises, but, by reason of those conditions, have these conditions they did not so accruedaccrue, may be included in the profits of that this enterprise and taxed accordingly. 2. Where the If one Contracting State includes in the profits of an enterprise of that Contracting State - this State, and taxes accordingly - accordingly, the profits on which an enterprise of the other Contracting State has been charged to tax was taxed in that other Contracting State and the profits so included are profits which would have been accrued to by the enterprise of the first-mentioned Contracting State State, if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those these profits. In determining such adjustment, due regard shall be had paid to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, if necessary, consult each other. 3. The provisions of paragraph 2 shall not be exercised in the case of a fraud, gross negligence or willful default.

Associated Enterprises. 1. Where; (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, ; or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contacting Contracting State and an enterprise of the other Contracting State, and in and; In either case, case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where the a Contracting State includes in the profits of an enterprise of that Contracting State - and taxes accordingly - profits on which an enterprise of the other Contracting State has been charged to tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State may shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the taxation competent authorities of the Contracting States shall, if necessary, consult each other.