Tax treaty provisions on permanent establishment and income allocation may be resolved by mutual agreement between competent authorities. The Protocol clarifies that tax excludes penalties and default amounts, treats rented warehouses as constituting a permanent establishment, and mandates consultation between competent authorities to resolve doubts about similarity of goods or activities and to consider changes to deductibility rules for permanent establishments. It treats interest connected with international air and sea operations as operational profits not subject to Article 12, exempts certain Spanish non corporation taxed entity income from paragraph 2 of Article 11, provides for review of the royalties and technical services article and alignment with later India-third State conventions, and sets conditions on deductibility, exchange of information techniques, assistance in tax collection, and a transaction based Limitation of Benefit definition.
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.
Tax treaty provisions on permanent establishment and income allocation may be resolved by mutual agreement between competent authorities.
The Protocol clarifies that tax excludes penalties and default amounts, treats rented warehouses as constituting a permanent establishment, and mandates consultation between competent authorities to resolve doubts about similarity of goods or activities and to consider changes to deductibility rules for permanent establishments. It treats interest connected with international air and sea operations as operational profits not subject to Article 12, exempts certain Spanish non corporation taxed entity income from paragraph 2 of Article 11, provides for review of the royalties and technical services article and alignment with later India-third State conventions, and sets conditions on deductibility, exchange of information techniques, assistance in tax collection, and a transaction based Limitation of Benefit definition.
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 
