Associated enterprise rules permit tax inclusion for non arm's length intercompany conditions, requiring corresponding tax adjustments. Article 9 establishes that where enterprises of the Contracting States are associated and intercompany conditions deviate from those between independent enterprises, profits that would have accrued but for those conditions may be included in the taxable profits of the affected enterprise. When one State taxes such adjusted profits that have also been taxed in the other State, that other State shall make an appropriate adjustment, with competent authorities giving due regard to the Agreement and consulting each other if necessary.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Associated enterprise rules permit tax inclusion for non arm's length intercompany conditions, requiring corresponding tax adjustments.
Article 9 establishes that where enterprises of the Contracting States are associated and intercompany conditions deviate from those between independent enterprises, profits that would have accrued but for those conditions may be included in the taxable profits of the affected enterprise. When one State taxes such adjusted profits that have also been taxed in the other State, that other State shall make an appropriate adjustment, with competent authorities giving due regard to the Agreement and consulting each other if necessary.
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