Permanent establishment: profits attributable to a PE may be taxed in the other Contracting State under attribution rules. Profits are taxable only in the State of the enterprise unless business is carried on in the other Contracting State through a permanent establishment, in which case only profits attributable to that permanent establishment may be taxed there. Profits attributable must be determined as if the permanent establishment were a distinct and separate enterprise dealing independently, allowing deductions for expenses incurred for the permanent establishment subject to local tax law; payments to or from the head office (other than reimbursement of actual expenses) for royalties, services, management charges or, except for banks, interest are disregarded. Apportionment may be used if customary and methods must be applied consistently.
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.
Permanent establishment: profits attributable to a PE may be taxed in the other Contracting State under attribution rules.
Profits are taxable only in the State of the enterprise unless business is carried on in the other Contracting State through a permanent establishment, in which case only profits attributable to that permanent establishment may be taxed there. Profits attributable must be determined as if the permanent establishment were a distinct and separate enterprise dealing independently, allowing deductions for expenses incurred for the permanent establishment subject to local tax law; payments to or from the head office (other than reimbursement of actual expenses) for royalties, services, management charges or, except for banks, interest are disregarded. Apportionment may be used if customary and methods must be applied consistently.
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