Permanent establishment profit attribution determines when business profits may be taxed in the other State under the treaty. Business profits are taxable only in the enterprise's State of residence unless the enterprise operates in the other Contracting State through a permanent establishment, in which case only profits attributable to that permanent establishment may be taxed there; such attribution must reflect the profits the permanent establishment would earn as a distinct and separate enterprise, allow deductions for expenses incurred for the permanent establishment (including executive and administrative expenses permitted by local law), exclude profits from mere purchases of goods, and be determined by a consistent method year by year, subject to other Convention provisions governing specific income items.
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 profit attribution determines when business profits may be taxed in the other State under the treaty.
Business profits are taxable only in the enterprise's State of residence unless the enterprise operates in the other Contracting State through a permanent establishment, in which case only profits attributable to that permanent establishment may be taxed there; such attribution must reflect the profits the permanent establishment would earn as a distinct and separate enterprise, allow deductions for expenses incurred for the permanent establishment (including executive and administrative expenses permitted by local law), exclude profits from mere purchases of goods, and be determined by a consistent method year by year, subject to other Convention provisions governing specific income items.
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