Common use of Where Clause in Contracts

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 di- rectly or indirectly in the manage- ment, control or capital of an enter- prise 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 fi- nancial 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 ac- crued, may be included in the profits of that enterprise and taxed accord- ingly.

Where. (a) an enterprise of a Contracting State participates directly or indi- rectly in- directly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate di- rectly directly or indirectly in the manage- mentmana- gement, control or capital of an enter- prise 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 fi- nancial 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 ac- cruedaccrued, may be included in the profits of that enterprise and taxed accord- inglyaccordingly.

Where. (a) an enterprise of a Contracting State participates directly or indi- rectly indirectly in the management, control or capital of an enter- prise of the other Contracting State, or (b) the same person participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or b) the same persons participate di- rectly or indirectly in the manage- ment, control or capital of an enter- prise 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 fi- nancial financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditionscondi- tions, have accrued to one of the enterprises, but, by reason of those conditions, have not so ac- cruedaccrued, may be included in the profits of that enterprise and taxed accord- inglyaccordingly.

Where. (a) an enterprise of a Contracting State participates par- ticipates directly or indi- rectly indirectly in the managementmanage- ment, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate di- rectly directly or indirectly in the manage- mentmanagement, control or capital of an enter- prise enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed im- posed between the two enterprises in their commercial com- mercial or fi- nancial financial relations which differ from those which would be made between independent independ- ent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditionscondi- tions, have not so ac- cruedaccrued, may be included in the profits of that enterprise and taxed accord- ingly.

Where. (a) an enterprise of a Contracting State participates par- ticipates directly or indi- rectly indirectly in the managementmanage- ment, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate di- rectly directly or indirectly in the manage- mentmanagement, control or capital of an enter- prise enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed im- posed between the two enterprises in their commercial or fi- nancial financial relations which differ from those which would be made between independent in- dependent 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 ac- cruedaccrued, may be included in the profits of that enterprise and taxed accord- inglyaccordingly.

Where. (a) an enterprise of a Contracting State participates par- ticipates directly or indi- rectly indirectly in the managementmanage- ment, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate di- rectly directly or indirectly in the manage- mentmanagement, control or capital capi- tal of an enter- prise 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 fi- nancial financial relations which differ from those which would be made between independent in- dependent 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 ac- cruedaccrued, may be included in the profits of that enterprise and taxed accord- inglyaccordingly.