Associated enterprises transfer pricing adjustments permit taxation of profits distorted by non arm's length intercompany conditions.

Where enterprises of the Contracting States are related and conditions between them differ from those between independent enterprises, profits that would have accrued but for those conditions may be included in taxable income and taxed accordingly; the arm's length principle permits such adjustments, and where one State taxes these adjusted profits the other State shall make an appropriate adjustment to eliminate double taxation, subject to consultation between competent authorities and an exception for final rulings imposing penalties for fraud, gross negligence or willful default.

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