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.
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Samples: Convention for the Avoidance of Double Taxation, Verdrag Tot Het Vermijden Van Dubbele Belasting, Agreement for the Avoidance of Double Taxation
Where. a) an enterprise enterprises 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.
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Samples: Convention for the Avoidance of Double Taxation, Convention for the Avoidance of Double Taxation
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 cost-sharing arrangements or general serv-
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