Business profits allocation: taxable in residence unless attributable to a permanent establishment in the other State. Business profits are taxable in the enterprise's State of residence except insofar as profits are attributable to a permanent establishment in the other State; such attributable profits are to be determined as those the permanent establishment would make if it were a distinct and separate enterprise dealing wholly independently with the head office. Deductions permitted include expenses incurred for the purposes of the permanent establishment, but amounts other than reimbursements charged between head office and permanent establishment for royalties, fees, commissions, management charges or, except for banks, interest, are not allowed.
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.
Business profits allocation: taxable in residence unless attributable to a permanent establishment in the other State.
Business profits are taxable in the enterprise's State of residence except insofar as profits are attributable to a permanent establishment in the other State; such attributable profits are to be determined as those the permanent establishment would make if it were a distinct and separate enterprise dealing wholly independently with the head office. Deductions permitted include expenses incurred for the purposes of the permanent establishment, but amounts other than reimbursements charged between head office and permanent establishment for royalties, fees, commissions, management charges or, except for banks, interest, are not allowed.
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