Associated enterprises adjustments allow allocation of profits to reflect arm's-length conditions and require reciprocal tax adjustments. Article 9 provides that where enterprises of the Contracting States are associated and conditions between them differ from those between independent enterprises, profits that would have accrued but for those conditions may be included in the profits of the enterprise and taxed. If one State taxes such included profits that have been charged to tax in the other State, that other State shall make an appropriate adjustment to its tax, with due regard to the Convention and consultation between competent authorities 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 enterprises adjustments allow allocation of profits to reflect arm's-length conditions and require reciprocal tax adjustments.
Article 9 provides that where enterprises of the Contracting States are associated and conditions between them differ from those between independent enterprises, profits that would have accrued but for those conditions may be included in the profits of the enterprise and taxed. If one State taxes such included profits that have been charged to tax in the other State, that other State shall make an appropriate adjustment to its tax, with due regard to the Convention and consultation between competent authorities if necessary.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
