Where a) an enterprise of a Contracting State participates directly or indi- rectly 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 manage- ment, control or capital of an enterprise of a Contracting 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.
Where a) an enterprise of a Contracting State participates directly or indi- rectly 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 manage- ment, control or capital of an enterprise of a Contracting 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. It is understood, however, that the fact that associated enterprises have con- cluded arrangements, such as costsharing arrangements or general serv- ices agreements, for or based on the allocation of executive, general administrative, technical and commercial expenses, research and devel- opment expenses and other similar expenses, is not in itself a condition as meant in the preceding sentence.
Where a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capi- tal 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 Contracting 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 xxxxx- cial relations which differ from those which would be made between independent enterprises, then any prof- its which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those con- ditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.
Where a) an enterprise of one of the States participates directly or indirectly in the management, control or capital of an enterprise of the other State, or
b) the same persons participate directly or indirectly in the manage- ment, control or capital of an enterprise of one of the States and an enter- prise of the other 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 inde- pendent enterprises, then any profits which would, but for those condi- tions, have accrued to one of the enterprises, but, by reason of those con- ditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. It is understood, however, that the fact that associated enterprises have concluded arrangements, such as cost- sharing arrangements or general services agreements, for or based on the allocation of executive, general administrative, technical and commer- cial expenses, research and development expenses and other similar expenses, is not in itself a condition as meant in the preceding sentence.
Where a) an enterprise of a Contracting State participates directly or indi- rectly in the management, control or property of an enterprise of the other Contracting State, or
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 Contracting 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. The mere fact that associated enterprises have concluded arrangements, such as cost sharing arrangements or general services agreements, for or based on the allocation of executive, general administrative, technical and commercial expenses, research and development expenses and other similar expenses, is not in itself a condition as meant in the preceding sentence.
Where a) an enterprise of a Contracting State participates directly or indi- rectly 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 manage- ment, control or capital of an enterprise of a Contracting 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 be- tween independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by the rea- son of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. It is understood that the fact that associated enterprises have concluded arrangements, such as costsharing arrangements or general services agreements, for or based on the allocation of executive, general administrative, technical and commercial expenses, research and development expenses and other similar expenses, is not in itself a condition as meant in the preceding sentence.
Where a) an enterprise of a Contracting State derives income from the other Contracting State and the first- mentioned State treats such income as attributable to a permanent establishment of the enterprise situ- ated in a third jurisdiction; and
b) the profits attributable to that permanent establishment are exempt from tax in the first-mentioned State; the benefits of this Convention shall not apply to any item of income on which the tax in the third jurisdiction is less than the lower of 10 per cent of the amount of that item of income and 60 per cent of the tax that would be imposed in the first-mentioned State on that item of income if that permanent establishment were situ- ated in the first-mentioned State. In such a case any income to which the provisions of this paragraph apply shall remain taxable according to the domestic law of the other State, notwithstanding any other provisions of the Convention.
Where a) an enterprise of a Contracting State derives an item of income from the other Contracting State and the first-mentioned State treats such item of income as attributable to a permanent establishment of the enterprise situated in a third jurisdiction; and
b) the profits attributable to that permanent establishment are exempt from tax in the first-mentioned State; the benefits of this Convention shall not apply to any item of income unless the tax in the third jurisdiction is more than 60 per cent of the tax that would be imposed in the first-mentioned State on that item of income if that permanent establishment were situated in the first-mentioned State. In such a case any item of income to which the provisions of this paragraph apply shall remain taxable according to the domestic law of the other State, notwithstanding any other provisions of this Convention.
Where a) under paragraph 1, a person has presented a case to the competent authority of a Contracting State on the basis that the actions of one or both of the Contracting States have resulted for that person in taxation not in accordance with the provisions of this Convention, and
b) the competent authorities are unable to reach an agreement to resolve that case pursuant to paragraph 2 within three years from the presentation of the case to the competent authority of the other Contract- ing State, any unresolved issues arising from the case shall be submitted to arbi- tration if the person so requests. These unresolved issues shall not, how- ever, be submitted to arbitration if a decision on these issues has already been rendered by a court or administrative tribunal of either State. Unless a person directly affected by the case does not accept the mutual agreement that implements the arbitration decision, that decision shall be binding on both Contracting States and shall be implemented notwith- standing any time limits in the domestic laws of these States. The com- petent authorities of the Contracting States shall by mutual agreement settle the mode of application of this paragraph. The Contracting States may release to the arbitration board, estab- lished under the provisions of this paragraph, such information as is nec- essary for carrying out the arbitration procedure. The members of the arbitration board shall be subject to the limitations on disclosure de- scribed in paragraph 2 of Article 26 with respect to information so released.
1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provi- sions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting State, or of their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2.
2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bod- ies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxe...