Place of effective management limits taxation of international shipping and air transport profits to the enterprise's residence. Profits from operating ships or aircraft in international traffic are taxable only in the Contracting State of the enterprise's place of effective management, with an aboard-ship management deemed located at the ship's home harbor or the operator's residence state. Container income from international use is taxable only in the enterprise's resident state unless used solely within the other Contracting State. Interest integral to such operations is treated as operating profits and Article 11 does not apply. The allocation rule also covers pools, joint businesses and international operating agencies, and includes carriage of passengers, livestock, mail and goods unless confined to the other Contracting State.
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Provisions expressly mentioned in the judgment/order text.
Place of effective management limits taxation of international shipping and air transport profits to the enterprise's residence.
Profits from operating ships or aircraft in international traffic are taxable only in the Contracting State of the enterprise's place of effective management, with an aboard-ship management deemed located at the ship's home harbor or the operator's residence state. Container income from international use is taxable only in the enterprise's resident state unless used solely within the other Contracting State. Interest integral to such operations is treated as operating profits and Article 11 does not apply. The allocation rule also covers pools, joint businesses and international operating agencies, and includes carriage of passengers, livestock, mail and goods unless confined to the other Contracting State.
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