Article 24A - Resident of a Contracting State

Treaty benefits limitation: denial where resident is a shell or arranged to obtain treaty advantages, subject to activity tests.

A resident is denied paragraph 4A/4C benefits where its affairs were arranged with the primary purpose of obtaining them; shell or conduit companies-residents with negligible or no real and continuous business operations-are excluded. A shell or conduit is deemed such if annual operational expenditure in the Contracting State falls below prescribed thresholds for the specified 12 month or 24 month look back periods linked to paragraphs 4A and 4C. An entity is not a shell or conduit if listed on a recognised stock exchange in the Contracting State or if its annual operational expenditure meets or exceeds the thresholds for the relevant periods.