France - Convention to Implement Tax Treaty related Measures to Prevent Base Erosion and Profit Shifting Part IV AVOIDANCE OF PERMANENT ESTABLISHMENT STATUS
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Splitting-up of contracts prevents artificial avoidance of permanent establishment status by aggregating related activity periods. Article 14 requires aggregation of time periods for construction, installation, building-site and related supervisory or consultancy activities, adding periods of connected activities carried out by closely related enterprises at the same place to determine whether the time threshold for constituting a permanent establishment is exceeded. It applies in place of or where absent treaty provisions that split contracts to avoid time-based PE rules, allows Parties to reserve application (including for natural resources), and requires notification to the Depositary to identify and, where universally notified, replace incompatible treaty provisions.
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.
Splitting-up of contracts prevents artificial avoidance of permanent establishment status by aggregating related activity periods.
Article 14 requires aggregation of time periods for construction, installation, building-site and related supervisory or consultancy activities, adding periods of connected activities carried out by closely related enterprises at the same place to determine whether the time threshold for constituting a permanent establishment is exceeded. It applies in place of or where absent treaty provisions that split contracts to avoid time-based PE rules, allows Parties to reserve application (including for natural resources), and requires notification to the Depositary to identify and, where universally notified, replace incompatible treaty provisions.
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