Common use of Entitlement to Benefits Clause in Contracts

Entitlement to Benefits. 1. Notwithstanding the other provisions of this Agreement, a benefit under this Agreement shall not be granted in respect of an item of income or capital gain if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Agreement. 2. Where a benefit under this Agreement is denied to a person under paragraph 1, the competent authority of the Territory that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gain, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory to which the request has been made will consult with the competent authority of the other Territory before rejecting a request made under this paragraph by a resident of that other Territory.

Entitlement to Benefits. 1. Notwithstanding the other provisions of this AgreementConvention, a benefit under this Agreement Convention shall not be granted in respect of an item of income or capital gain if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this AgreementConvention. 2. Where a benefit under this Agreement Convention is denied to a person under paragraph 1, the competent authority of the Territory Contracting State that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gaincapital, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory Contracting State to which the request has been made will consult with the competent authority of the other Territory State before rejecting a request made under this paragraph by a resident of that other TerritoryState.

Entitlement to Benefits. 1. Notwithstanding the other provisions of this AgreementConvention, a benefit under this Agreement Convention shall not be granted in respect of an item of income or a capital gain if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this AgreementConvention. 2. Where a benefit under this Agreement Convention is denied to a person under paragraph 1, the competent authority of the Territory Contracting State that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gain, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory Contracting State to which the request has been made will consult with the competent authority of the other Territory State before rejecting a request made under this paragraph by a resident of that other TerritoryState.

Entitlement to Benefits. 1. Notwithstanding the other provisions of this AgreementConvention, a benefit under this Agreement Convention shall not be granted in respect of an item of income incarne or capital gain if it is reasonable to conclude, having regard to all ail relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object abject and purpose of the relevant provisions of this AgreementConvention. 2. Where a benefit under this Agreement Convention is denied to a person under persan undèr paragraph 1, the competent authority of the Territory Contracting State that would otherwise have granted this benefit shall nevertheless treat that person persan as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gaincapital, if such competent authority, upon request from that person persan and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory Contracting State to which the request has been made will consult with the competent authority of the other Territory State before rejecting a request made under this paragraph by a resident of that other TerritoryState.

Entitlement to Benefits. (1. ) Notwithstanding the other provisions of this Agreement, a benefit under this Agreement shall not be granted in respect of an item of income or capital gain if it is reasonable to conclude, having regard to all relevant facts and circumstances, circumstances that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that the granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Agreement. (2. ) Where a benefit under this Agreement is denied to a person under paragraph 1, the competent com­ petent authority of the Territory Contracting State that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gaincapital, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence absence, of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory Contracting State to which the request has been made will consult with the competent authority of the other Territory State before rejecting a request made under this paragraph by a a,resident of that the other TerritoryState.

Entitlement to Benefits. 1. Notwithstanding the other provisions of this Agreement, a benefit under this Agreement shall not be granted in respect of an item of income or capital gain if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Agreement. 2. Where a benefit under this Agreement is denied to a person under paragraph Paragraph 1, the competent authority of the Territory Contracting State that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gainincome, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory Contracting State to which the request has been made will consult with the competent authority of the other Territory State before rejecting a request made under this paragraph by a resident of that other TerritoryState.

Entitlement to Benefits. 1. Notwithstanding the other provisions of this Agreement, a benefit under this Agreement shall not be granted in respect of an item of income or capital gain if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of this Agreement. 2. Where a benefit under this Agreement is denied to a person under paragraph 1, the competent authority of the Territory Contracting State that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income or a capital gaincapital, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of the transaction or arrangement referred to in paragraph 1. The competent authority of the territory Contracting State to which the request has been made will consult with the competent authority of the other Territory Contracting State before rejecting a request made under this paragraph by a resident of that other TerritoryContracting State.