Permanent establishment determines taxable nexus; profits attributable to it may be taxed where the establishment operates. Taxation of business profits rests on the permanent establishment nexus: only profits attributable to a permanent establishment may be taxed in the State where it is situated. Attribution is determined by treating the permanent establishment as a separate and independent enterprise under similar conditions, considering functions, assets and risks. If one State adjusts and taxes such profits, the other State must make an appropriate adjustment to eliminate double taxation, with consultation between competent authorities as necessary. Items covered by other Articles remain governed by those Articles.
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 determines taxable nexus; profits attributable to it may be taxed where the establishment operates.
Taxation of business profits rests on the permanent establishment nexus: only profits attributable to a permanent establishment may be taxed in the State where it is situated. Attribution is determined by treating the permanent establishment as a separate and independent enterprise under similar conditions, considering functions, assets and risks. If one State adjusts and taxes such profits, the other State must make an appropriate adjustment to eliminate double taxation, with consultation between competent authorities as necessary. Items covered by other Articles remain governed by those Articles.
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