Associated enterprises: non arm's length conditions can trigger profit inclusion and require corresponding tax adjustment by the other State.

Where related enterprises enter into commercial or financial conditions that differ from those between independent enterprises, profits that would have accrued absent those conditions may be included in the profits of the enterprise and taxed accordingly. If a Contracting State taxes such included profits, the other State shall make an appropriate adjustment to the tax charged on those profits, with due regard to the Agreement and consultation between competent authorities if necessary; this relief is not available in cases of fraud, gross negligence, or wilful default.

---

---

---